Law – Page 20 – A Good Beer Blog

Tales From The Crypt Of Early Micro

I am working on a relatively new database to me, a newspaper and magazine archive covering a little over the last thirty years. Grinding common beer words through the search engine of any new database is always fun but in the shadowy world of the recent past it can also be surprising. I don’t actually write all that much about the origins of of the micro brewing industry but, as we know, the shifting sands and rearguard revisionist retelling of all the genesis stories should be enough motivation for anyone. And it turns out there are interesting tales to be told from the point in time when “micro” was battling with “mini” and recently deceased “craft” was just a gleam in some PR committee’s eye.

First, set the scene. In Albany, New York’s Times Union of 16 July 1986 we have the staff byline story “Abrams Sues Big Breweries” – this particular Abrams being New York State Attorney General Robert Abrams:

The state attorney general filed an anti-trust suit in federal court Tuesday charging the four major beer breweries and their distributors have virtually suffocated competition and created unnaturally high 6-pack prices. The suit filed in U.S. District Court in Brooklyn names Anheuser-Busch Inc., Miller Brewing Co., G. Heileman Brewing Co. Inc. and the Stroh Brewery Co. breweries and the New York State Beer Wholesalers Association, which he charged control 80 percent of the New York state beer market. The four companies distribute almost every big-name beer in New York, including Budweiser, Michelob, Miller, Schlitz, Schaefer, Colt 45 and Schmidt.

The story states that the lawsuit, which charged distributor and breweries were engaged in an actual conspiracy to control the beer market prices. The interesting thing is that this is the sort of thing that big craft suggests it triggered but this story is effectively pre-micro.

In another tale from that same month we read, again in the Times Union, a story of accusation. In the 7 July 1986 edition, we can find the headline “Boston Beer Seller Claims 3 European Imports Impure” which is pretty funny given there have been false and well proven accusations about competition in the brewing industry since, well, pretty much since beer was invented. The story by Bart Ziefler of the Associated Press starts in this way:

A tiny Boston beer company is taking on two giant international brewers, claiming the top European imported beers couldn’t be sold in West Germany because they don’t meet that nation’s beer purity law. In a series of radio and newspaper ads, Boston Beer Co. has challenged the the quality of the Beck’s, St. Pauli Girl and Heineken beers sold in this country. Beck and Co. of Bremen, West Germany, which brews Beck’s and export- only St. Pauli Girl, denies the claim. Netherlands-based Heineken, brewer of the No. 1 import, acknowledged that its contains corn and they don’t try to sell it in West Germany, according to the Boston Business Journal. “It’s sort of common knowledge among brewers that the beers are doctored,” said James Koch, whose company began selling Samuel Adams beer a little more than a year ago. “If you’re going to bring beer from that far away and have it drinkable, you’ve got to do something to stabilize it.”

Really? Corn as the crisis in craft? Excellent. Can’t we just admit we like corn sometimes? Is this PR campaign where the phobia related to the one ingredient “whose name may not be spake” came from? Sweet last line in which Koch states that he said he hoped to make Sam Adams truly a Boston beer next year by opening his own brewery. Correct me if I am wrong but, according to wiki wisdom, the brewery wasn’t bought for another eleven years and it was located in Cincinnati.

The Buffalo News of 8 November 1991 included a particularly excellent “state of the nation” report by Dale Anderson from the 1991 Microbrewers & Pubbrewers Conference at the Hyatt Regency in that fair City… two months before, in September. Under the lengthy headline “A Little Beer – Microbreweries, Producing Specialty Beers in Small Quantities Are The Talk Of The Industry” we learn a lot of things… and not just that there was the term “pubbbrewers”:

1. “Two American breweries — Sierra Nevada in California and Red Hook in Washington — actually have outgrown the “micro” designation.”
2. “The biggest concentration of brew-pubs on the continent, meanwhile, is in nearby Ontario, where there are about two dozen in the Toronto area alone.”
3. “These small-scale operations have little effect on the big brewers… Instead, they have moved in on the imported specialty brands.”
4. “One reason Queen City chose to brew at Lion is that it could put foil wrapping on the necks of the bottles and other breweries couldn’t. “We sat back and said we didn’t want to run a microbrewery with a pub attached,” Smith says, “so we followed the path of Jim Koch with Samuel Adams in Boston. The tough part is predicting four or five weeks ahead of time what we’re going to need.”

You can click on the article for more but it is interesting that the acknowledgement of out-growing the category as well as contract brewing was so openly stated and presented simply as a sign of success.

Less familiar perhaps than the other stories is the weird 2002 tale of the “Sex For Sam” sponsored by Samuel Adams Beer in which “prizes were awarded to people who had sex in unlikely public places.” Unlike the many references to Mr. Koch the Ascendant in the media of the time, this is not one that weathers the passage of time so well. In the New York Post of 7 November 2003, William J. Gorta and Bill Hoffmann reported the story a year later after events in question – when the resulting criminal processes were concluded:

The Virginia woman who scandalized St. Patrick’s Cathedral by having sex in the pews as part of a sleazy radio stunt that revolted the city will not go to jail. Loretta Lynn Harper, 36, was sentenced to 40 hours of community service as part of a plea deal in which she admitted to disorderly conduct. Prosecutors took pity on Harper because her boyfriend, 38-year-old Brian Florence – her sex partner in the church tryst – died suddenly of heart failure last month.

Turns out the great idea was a joint project between Boston Beer and the soon to be fired WNEW-FM shock jocks Opie and Anthony. An FCC fine of $357,000 was levied against the radio station. The final two lines of the story is classic:

WNEW had no comment on the sentencing. A rep for Opie and Anthony and Sam Adams President Jim Koch did not return calls.

Wise. But a little more detail is provided in a gossip column in the New York Daily News of 29 August 29, 2002 which I provide in full for reasons of review of the delightful manner in which the gossipy tidbit was framed:

Opie and Anthony had a beer buddy rooting them on in the studio while they encouraged the St. Patrick’s Cathedral sex stunt that got them canned. Jim Koch, the head of Boston Beer Co., admitted he was on hand during the taping and issued an apology on the company’s Web site Monday. “We at the Boston Beer Co. formally apologize to all those upset or offended by the incident on the Opie and Anthony show and by our association with it,” wrote Koch. His company backed the show’s “Sex for Sam” contest, which promoted a trip to Boston to the company’s annual festival for couples who had public sex. The Samuel Adams brewer even called Lou Giovino, the Catholic League’s director of communications, to apologize. “I spoke with him twice since Monday,” Giovino told us, “And we’re satisfied with his apology.” But Giovino didn’t seem content when we told him he could listen to Koch’s studio hooting on the Smoking Gun’s Web site. “Oh, boy,” he sighed.

The past is a foreign country – they do things differently there. “Oh boy,” indeed.

One last tale. A little less… ripe and perhaps more in tune with where the future was actually going. In the 2 November 1996 issue of Newsweek magazine, there was a short piece headlined “Hobbies – It’s Beer O’Clock” in the regular Cyberscope column authored by Brad Stone and Jennifer Tanaka.

Seems like it’s hardly ever Miller time anymore. Now that America has developed a taste for microbrewed beer, The Real Beer Page (http:realbeer.com) should find a natural audience. It’s a one-stop destination for dozens of links to microbrewery home pages, beer Web zines and a database of brew pubs with a search engine to help you find one in your neighborhood. Cheers.

Dozens! Imagine. Particularly sweet is the note that the caption to an accompanying image was “Suds on the Menu” because no one loves an early web pun more than me. I also like the reference to “beer Web zines” which what I really should have called this place – A Good Beer Web Zine. Where are my Hammer Pants?

Fascists, Racists, Pinkos, Brewers And…

Not much inclined to write for the last week or so. Late 1970s nuclear fear retro followed quickly by 1930s Nazi fear retro. Seems our neighbours to the south hired a moron and he is turning out to be a fabulous moron attracting other morons to flit about his flame. Like last summer, one barely knows what to reach for but, perhaps unlike last summer, one knows one might need to. What to do in these troubled times? Perhaps explore how fascism, communism and racism (perhaps bundled as “totalitarian supremacism“?) has been known to brewing over time? Let’s see.

Earlier this year, Hungary witnessed a bit of a political controversy over the appearance of Heineken’s red star – which Hungarian law considers a totalitarian symbol. As might have been expected, it was apparently as much as anything about contemporary politics and the time-honoured role brewing money plays in that game.

Totes Supps can also show up in more unexpected ways. In 2016, a brewery in Bavaria was accused of offering a Nazi friendly lager named Grenzzaun Halbe, or Border Fence Half. Priced at 88 euro cents a bottle, it was considered code for HH or Heil Hitler. The brewer in the usual way explained “insisted the name and slogan were not directed against migrants, but referred to defending Bavarian culture“* but, oddly, also said they had lent resources to the refugee influx.

Then there are the old boys who, you know, just say those sorts of things. Yesterday, Jason Notte provided a bit of a walk down memory lane offering the legacy of US brewing mogul Bill Coors who was apparently quoted in 1984 for providing such comments as “…one of the best things they did for you is to drag your ancestors over here in chains…” and “…they lack the intellectual capacity to succeed, and it’s taking them down the tubes” though the resulting libel suit against a newspaper that had the gall to report his words was dropped. The old git is still with us apparently, turning 101 the other day. Other similar substantial claims were made against the brewery in those days. Interesting, then, that three years later this was an opinion reported by the Syracuse Herald-Journal of February 10, 1987 just when Coors was entering the CNY market:

“When you buy their product you are, in effect, inviting the Coors people into your home,” said Joseph Welch, executive secretary of the Greater Syracuse Labor Council. “I think anyone with a conscience wouldn’t want those kind of people in their homes.”**

But these brewers can also be ingrained into the movement. If we go back a bit further, one can look at what brewers did during the time when fascists were actually in the ascent. To the right is a very handy graph with the somewhat vague title “Birra Peroni’s strategic response to institutional pressure” from the 2016 book Accounting and Food: Some Italian Experiences by Sargiacomo, D’Amico and Di Pietra. I say vague given it illustrates, in part, this business decision from 1926 to the regime’s fall:

…the Fascist government tried to control production and balance demand and supply by controlling the supply side…. In this context, the company’s strategic response may be viewed as a compromise. Giacomo Peroni, former president of the earlier Unione Italiana Fabbricanti di Birra (Italian Brewers’ Union) was put at the helm of the new association. As the managers of the new association, Giacomo could act as an institutional entrepreneur and therefore bend the institutional change to his own and his company’s interests. In fact, despite the need to reduce the company’s production volume as imposed by the Fascist government, in his role Giacomo Peroni managed to avoid such cuts and toss them off on his competitors. This is suggested by the fact that it was precisely in those years that the company increased its production volume and sales.

Suggested?*** Hmm… Apparently, Peroni also fed demand from what are described as the “new African colonies” aka the invasion of Ethiopia. Nothing like a captive audience. Note: Peroni continues as a brand now owned by Japanese brewer Asahi, achieving apparently some recent success.

And we do also recall that the 1923 Beer Hall Putsch did lead to the army being called out, an arrest, a trial and a five year term. Well, then someone gave Hitler a pen in jail and he wrote down his evil which was shared after an early release.

What does all this prove? Well, as you can see in the footnotes, we can laugh at it. We can also support the democratic processes that stand against it. But that totalitarian supremacist is going to keep popping up. No point in pretending, offering a beer and dreaming that people are good. Some people are very bad. Having lived though an number of genocides at the youthful age of 54 – from Cambodia to the Balkans – I don’t expect that evil to change. But if we understand that it is an insidiously corrosive, inveigling tendency we should be aware that it needs being watched out for and given proper response.

*See here for more.
**See here for more.
***See here for more.

The Value And Adulteration Of Porter Circa 1757

I found this passage below in The General Evening Post of London, England of December 1, 1757. It’s a very useful passage because it reminds us of many things which are quite alive in the brewing trade of today.

Notice how the concern is framed from the position of the public. The natural tension is with the interests of brewers and the solution is the need for regulation. Brewers are “men of large capital” who use “other ingredients” – the fact of which is “notorious from the conviction of some brewers.” Brewers are also avaricious:

… a combination is forming amongst them to raise the price of beer…

This is an “additional tax which the brewers want to saddle on” the public. Sounds like something out of early CAMRA pamphets from the 1970s, doesn’t it?

Boak and Bailey have somewhat restated the question in terms of the craft era in their post today about “Experiences vs. Commodities” – a form of question which has been bounced around for at least as long as the terms “beer blogging” and “craft” gained popular attention in around 2006. Around 2008, we were introduced to the idea of single cask short run beers which promised in themselves to be an experience conveyed via 750 ml corked bottles for the mere price of merely $24.99. One Colorado comment maker* of the time indicated that the trend really started with La Folie by New Belgium.

Unlike Probus in the 1750s, the point of view of writers has not been clear cut. The responses in the comments to this post in from October 2007** are instructive and in some cases a bit startling. But that was when it was still quite fair – or at least somewhat credible – to say that craft was still a lot like little Bambi struggling on its wobbly legs, trying to make sense of the great big bad world. Too soon to speak of value. Now things are different. Craft has shattered into at least three general forms of market presence – local, big craft and international macro – none of which are in any real risk of going away even if players come and go.

Because of this, I would suggest that we need to heed Probus’s words published a quarter millennium ago and leave the views of ten years ago behind. Craft has become commodity and it’s going to be OK. It’s a commodity in the standardization of international styles such as IPA and murk as well as in single brands like Goose Island. You can find pretty much the same beer everywhere. And if you can’t you are still seeing the internationalization of the fib of “craft” pretty much everywhere. We cling on to outdated ideas about craft and the value of any beer at our peril. We miss the actual in favour of the hype. We chase the marketed (whether from the PR consultants or the semi-pro enthusiasts) in favour of the quieter, local and lovely. The experience? Yes, it is still about the experience but that includes learning from our experience.

[By the way, not sure who Probus was. Apparently, Thomas Chatterson used the pen name but he was born in 1752.]

*Scroll down.
**Again, scroll down.

Just A Nickel Per Two-Four… That’s All, Right?

Lots of interesting facts in John Iverson’s National Post column on this year’s Canadian Federal government’s budget and its hike on beer taxes:

– Nationally, beer’s share of total beverage alcohol sales has declined to 41.5 per cent in 2016 from 48 per cent in 2006;
– Brewing supports 163,000 full-time equivalent jobs in Canada; and
– An additional $470 million in excise duties over the next five years just on this 2% hike only on the excise portion of the Federal take.

Seems relatively reasonable. I mean we all need taxes paid and taxes spent if we aren’t going to all die in an under-serviced ER waiting for care needed after the car flipped after hitting a pothole in the under-maintained road, right? And taxes come from economic activity. But notice the opening lines of Iverson’s column:

It was widely noted that Bill Morneau’s spring budget imposed a two per cent hike in beer taxes, adding 5¢ to a case of 24 bottles. Less widely noticed was that prices will increase on beer, wine and spirits every year thereafter at the rate of inflation. Let that sink in.

Apparently, there is push back. According to a press release Beer Canada, Restaurants Canada, Spirits Canada and the Canadian Vintners Association bought a domain name and have set up corkthetax.ca to lobby against the escalator tax mechanism on beer, wine and spirits “buried within Budget 2017.” The group’s statement also calls the increase “hidden” and has aimed its unhappiness at the Senate, Canada’s unelected upper house of Parliament which gets to have a look after the elected bit of the operation is done. Which tells me that they missed the details when the proposed law was released in the House of Commons over a month and a half ago at the new section 170.2(2)(a) wherein we find this complex bit of math:

Each rate of duty set out in Part II of the schedule applicable in respect of a hectolitre of beer or malt liquor is to be adjusted on April 1 of an inflationary adjusted year so that the rate is equal to… the rate determined by the formula

A × B

“A” basically being the excise duty and “B” being the rate of inflation. How was this not… noticed? The word “beer” appears twenty-six times in the proposed statute, one of which is in the passage above. So about as hidden as a four letter word can be to anyone who can press “Ctrl+F” and search a document for four letter words.

I am all for political opposition to a policy change and, yes, perpetual escalation appears procedurally a bit wonky – but secret hidden attack on beer? Not so much.

Beer Politics, Policy And Civics

As I had modestly mentioned a couple of times over the last few weeks ago, the election of Mr. Trump to the Presidency could lead to a couple sorts of beer nationalism in support of his muddled form of neo-protectionism: an anti-import reactionism and pro-American jingoism. With the report that he will try to convince a free trading Congress to pass a 20% import tax on Mexican-made goods as a way to pay for his useless wall, my first suggestion now seems to be at least be a possibility. It’s a policy. A bit of a weird one* but one that might, however unlikely the chances, become law. Political victory leading to imposition of policy that shifts the civic reality.

On Monday, Brian Roth published a post entitled “Do You Want Politics in Your Beer?” in which he uses his Tweets’n’Graphs methodology to discuss what he described as “a brewery’s political activism” and then posing, a bit cautiously, whether it is good when breweries share their beliefs in this way. This morning, Michael Kiser posted on a rather similar topic in his “Critical Drinking — The Beer Politic.” While it jumbles the function of his site as a consulto-blog and certain hero breweries in their reaction to Trump, he answers Bryan’s question (without acknowledging the prior post) much more enthusiastically and very much in the affirmative – but still like Roth all a bit too brand focused .

Trouble is, fretting about appearances isn’t really about beer and politics, is it? Almost four years ago Craig posted an excellent survey of the connection between brewing and actual politics over the centuries of New York’s history. In his post “Albany Ale: The Politics of Beer” he describes how seven Albany brewers from the seventeenth to twentieth centuries engaged with political office and partisanship. Even the great John Taylor got involved:

The 19th century would see the election of not one, but two, brewing mayors of Albany. The first was John Taylor in 1848. Taylor owned what was at the time the largest brewery not only in Albany, but in the country, Taylor & Sons. Upon completion of his tenure as mayor, Taylor served on the board of water commissioners, starting in 1850. He and his compatriots were responsible for overseeing the first municipal water system in the city.

You can read the rest but, as you do, think about whether what Roth and Kiser were driving at: the taking of public positions and its effect on reputation. For my money, while they can wrap it in phrases like “the brewery’s decision to focus on its own measure of authenticity” or “[t]his is why so many of us fought for and supported the rise of local breweries” they still both seem to conflate (i) the brewery as a business with a brand and (ii) the brewery owner as a citizen with a full life beyond the beer and also (iii) the taking of actively advancing a position in favour of either the business or as a citizen through political engagement. These are different things. Forget worrying about what a small segment of your customers think about your brand’s reputation. Any citizen who is also a business owner who doesn’t engage with the implications of being governed is ignoring one of the greatest dangers to that business’s success. And courting disaster.

Isn’t the reaction of customers to brand secondary where a local craft brewery finds its local municipality, for example, spending taxes to attract big craft competition to town or, for another, supporting fracking and putting the community’s water table at risk? Of course it is. Why wouldn’t the sensible brewery owner protest, pound on the Mayor’s office door or even run for an upcoming council election if their business, their interests were being placed at risk? They all should. That’s about getting beyond the, yes, quite important move from complaisance to complaint that I see Roth and Kiser discussing. That move can and, I would argue, should justify – if not demand – not stalling but then moving on to actual politics.

It doesn’t mean you have to go all 1920s Dan O’Connell take over the Albany County Democratic Committee, rig elections and leverage the Hedrick Brewery to be the town’s boss. But would it kill you to write or call those who represent you in the political realm? Would it hurt too much to maybe pass on that next bit of indulgent “beer travel” and the tripping haze of new fun bar after new fun bar and, instead, travel to sit in a committee room where a policy you hate and want stopped is being discussed, waiting your turn soberly to put your ideas on the record for the five minutes they give you at the microphone?

Getting political is about waking up, being adult. Doesn’t really matter where your interests or political preferences lay. You think the big craft carpetbagger brewery that received the regional branch plant tax break wasn’t engaged in politics behind the backs of the local brewers? I bet the local craft community wishes it had laid the earlier groundwork that might have seen them receive the funding for expansion instead. Which would have required them being actively political.

*Given it will mean that Americans and not Mexicans will still pay for the wall as additional markup on their import of Mexican goods. His own party’s leaders are already mocking it.

What A Difference A Year Makes – 2017 Edition

Over the holidays, I was thinking about what to do with this blog in 2017. It’s been a heavy slog over the last few months ensuring the important and favorite and representative bits of bits of 10,000 posts get across the River Jordan to the next bloggy life but that’s largely behind me now. What I need to do now is look ahead and take on the new opportunities that the coming year offers in style. It a bit of panache. Even. Maybe.

A lot can happen in a year. Last year this time we were still in the grip of learning that US craft brewery owners were (horrors!) not all evangelists willing to starve for the cause. No, the sweet taste of gravy was too much for many – or the actual goal all along. Click on the score card and have a look. You’d have a hard time filling that chart out properly now. You might need different colour pens. Funny thing – no one really cares now. As is often the case with the leadership clique within even a small circle, they are barely missed as others are ready and willing to fill the gap. Beer is nimble like that. Beer itself is a survivor. The survivor. The rest of it all comes and goes.

Not sure blogging is surviving along with it. I could try out a new structural twist like the B+B “Breakfast Debate”… except I am only one person and I wrote my homage in two-fisted dialogue to The Compleat Angler with Max a few years back. But I like the idea. Keeping it fresh. These winter months are great for working on an historic era, for working through a data base. I have a notion to work away at the erroneous ideas that (1) temperance was some sort of trick played on the many by the few and (2) that, contrarily perhaps, it was all that effective. And greater early 1900s social history. I sit above a small outdated law library. It’s great stuff and holds masses of facts proven by evidence, tinged with authority. Rare.

I would also like to figure out a way to crack the nut of getting into the ledgers of contemporary craft brewing. What are they actually up to as businesses? It’s the only way to break the cycle of brewery owner cheery pozzy obvsy bios we’ve been stuck with for the last few years.* You would have thought that the craft sellouts would have taught a lesson but gate-keeping editors will have their way. The narrative must go on. And it will be even more popular in the new Trumptastic era. Boo to the questioners! Down with those losers asking “why?”! Hmm. I would need to present it at a statistical abstraction. And I would need some helpful assistants in the business offices of craft breweries. Any takers? You can voice flabbergasted serious objections in the comments below and send me your non-disclosure agreement template to beerblog@gmail.com. Let’s talk.

What else can I do? We do? I am interested in another unpopular idea. What is it that makes us lose interest in novelty, makes us find a home in certain pop culture things like beer? Most folk I know have packed in chasing the beery tail. Novelty is for novices. Some lasting things are actually better. Think of it this way. I am a lucky man. I was 14 to 24 from 1977 to 1987 which means I was in the front row to a very strong point in pop and alt** music history. I have not been persuaded since that another period is superior but I also realize its not only the music I heard but that I was that age in my life when it was popular. I would hope those years were golden for each of us – though being 14 in 1977 was pretty sweet. Does the same idea work for good beer? Will we all just end up accepting Rochefort is fabulous or will today’s twenty somethings actually get a bit verklempt over memories of weird fruit flavoured gose thirty years from now? Could you imagine? It’s be like getting nostalgic over Mumford and Sons.

So. Any suggestions? Any idea I might explore? Conversely, any lakes you might, perhaps, direct me to jump into? I am for too entrenched to care if you take offense. Last year saw a peak in the “how dare you!” emails suggesting a personal slight directed to folk I really never thought that much about. Could you imagine thinking that much of yourself that you took the minute and 27 seconds of deep consideration it took from outrage to pressing send? Well, we won’t be having any of that in 2017, will we. Nope! And that is because this is the year where people get a grip, learn we are not each the centre of the beery world and get about doing what needs to be done!

Remember: it is only beer and, by way of corollary, you are only you. Well… fine. Can we at least start with this is the year we give it a try?

*aka “it’s amazing work – but, trust me, everyone is broke.”

**Is it too soon to use “alt” again?

Kingston Chronicle, Friday Afternoon, 1 September 1820

Below are six thumbnails which form an article printed in the Kingston Chronicle on Friday, 1 September 1820. It’s the record of a meeting held at Ernest Town, about 30 miles to the west of Kingston, led by Richard Dalton of the the Kingston Brewery. Dalton was out rabble rousing and lobbying in order to “receive effectual protection from the opposition of Foreign Brewers.” The thing of note that pops out at me is how barley is being described as a new crop or at least a newly encouraged one that needs fostering to ward off those “Brewers of the United States.” Prior to that time, wheat was king – wheat for the Empire. W.S. Herrington noted the same thing in his diary. He also notes that ten years later, “Ernesttown” had at least a dozen taverns so something must have been done to get the drinks based economy on the right road.

The early 182os were a time of downturn in the USA. Maybe New York grain was getting dumped in the northern marketplace. The meeting comes at the end of the brief period of open trade after the War of 1812 with the USA was over and the shutting of the border was undertaken by the new post-Napoleonic administration of Upper Canada. Upper Canada was buffeted by such international force. The border only truly reopened in the 1860s until the 1890s when the barley flowed the other way, south into the thirsty expanding Republic, known as the Barley Days. If the farmers at the meeting in 1820 had been told that this would be their grandchildren’s future they likely would have laughed.

Moses Granger of Lowville NY Had A Patent

The title of the patent from 1832 is titillating: “US Patent: 6,894X – Restoring sour or musty beer or ale to its original purity by rebrewing.” Sadly the note at the DATAPM data base tells the rest of the story:

Most of the patents prior to 1836 were lost in the Dec. 1836 fire. Only about 2,000 of the almost 10,000 documents were recovered. Little is known about this patent. There are no patent drawings available. This patent is in the database for reference only.

This is sad for us now as well as sad for the inventor, Moses Granger. As you can see above, he started his brewery in Lowville, New York seven or so years before registering his mysterious patent for improving bad beer. The announcement is from the Black River Gazette of 14 December 1825. You can see below from page 28 of the Congressional Series of United States Public Documents, Volume 235 that his patent was issued on 11 January 1832 which means he had to have invented it and then worked on the patent application sometime before that. Notice also that his patent is in a list of “Calorific and Steam Apparatus” which again is a reminder that Steam Beer is a reference to the general introduction of steam powered motors into the brewing trade and not something about the beer itself.

Unlike most of you, I have visited Lowville, New York. It is just about an hour and 45 minutes drive to my south east sitting in Lewis County, the next NY state county to Jefferson which I can see out my office window. It is the home of Lloyd’s of Lowville. My 2005 post on neighbouring Denmark, NY on the hill north of Lowville gives you a sense of the area. Rural limestone Federalist buildings, analogous to our larger urban and military Georgian ones.

Gary mentioned Moses Granger and this patent in the latest of his further explorations of the odd later 1800s eastern US use of “musty” as a positive term for a class of ale. The patent from an earlier point in time, however, is clearly about the correction of poor beer – restoring it by rebrewing sayeth the patent’s title. “Rebrewing” is an interesting word. In 1818, another two hours modern travel to the southeast in Schenectady, there was rebrewing going on – the last reference I have found to the ancient and famed double double immortalized by Shakespeare. Beer made by reusing beer as sparge water, ramming more power into the wort. It makes a brain smackingly strong drink.

Lewis County, NY in 1825 was still the frontier. See those military installations in my dear old British fort town? Kept back interest in settling NNY as the Erie Canal was opening up WNY. It was settled by the generation after the Revolutionary one, as places like Cooperstown and then CNY started filling up and interests became fixed. Spafford described the place in his 1813 Gazette – and he can be trusted as he was born there. One might read the notice posted by Moses Granger in 1825 that he was the first brewer in Lowville. Spafford shows (at page 50 and 51) that in 1813 there were no brewers in Lewis Co. compared to seven distillers. Jefferson Co. had a ratio of two brewers to sixteen distillers. In 1828, Watertown, Jefferson Co. only had one brewery. The area was awash in rot gut whisky. A rebrewed super strength brewing process might well be worth protecting by way of patent.

I will dig a bit more and maybe post more – and wait for Gerry… again… to correct and add to the story. An excellent thing, too, as by collaboratively assembling what we know the history unfolds. The strange thing is why one would invent such a thing in a frontier setting and then seek the protection of the law – on the one hand just thirty years removed from that log house brewery in Geneva, NY but, on the other, in the era of the scientific brewing of Vassar. An era of great change.

Unhappy New York Hop Inspection: 1827 to 1835

It’s a funny thing, history. Sometimes you can only see a bit. Just the effects of something but not the cause. Or just one rabbit hole to chase down all the while missing the larger field below which it sits. Coming across the Article Ten above in a set of laws entitled The Revised Statutes of the State of New-York: Passed During the Years One Thousand Eight Hundred and Twenty-seven, and One Thousand Eight Hundred and Twenty-eight… immediately struck me that way. It’s a bit of a dislocated. It sits among laws about the inspection of other things: pickled fish (Art.4), sole leather (Art. 9) for but two examples. It seems pretty clear that in 1827 the need for inspecting things was important to New Yorkers. Section 161, however, may have laid an unintended trap in the general scheme:

Hops inspected in the city of Albany, may be exported thence, or be sold in and exported from the city of New-York, without being subject to re-inspection in the city of New-York.

First, note that the laws of the state of New York described the state of New York as coming from “New-York” is in itself a question… I wonder if I can find a highly placed New York law librarian who might address this question. Second, notice that there are two points of export. As you the careful reader might have picked up over the previous six or seven years New York had two centers, one for the Dutch and one for the English, which became one center for the administrative life and one for the financial. A certain tension was being addressed in the law.

Helpfully, there are other books one can find on line. Such as the General Index to the Documents of the State of New York, from 1777 to 1871, Inclusive published by the New York State Assembly. And in that index there is the following fabulous entry:

What do we see? Well, it took a bit of time to get the whole hop inspecitng thing going. The law came into being in 1827-28 but the first report only is presented to the government in 1830. Plus there were three inspectors over one decade. But none overlap. Which is a problem. Because there are supposed to be two concurrently operating inspection processes going on. Scanning around I find the answer. In 1871’s General Index at a page 109 pages before the page above has the index entry “HOPS, INSPECTOR OF, see Albany, New York” – note: without a hyphen. And when one goes looking for that you find on page 17:

So, the Albany inspector was John C. Donnelly of whom I immediately presume Craig will have a list of prior offenses the length of my arm. Why would I say such a thing? Did I ever mention we co-wrote a book on the history of brewing in Albany? You will also see, he did not last long. Why might that be? Well, let’s look at what else is out there to have a look at. We actually have the 1830 report out of the New York City office which reads in full:

ANNUAL REPORT
Of Robert Barnes, an Inspector of Hops, for the county of New-York.
To the Honourable the Legislature of the State of New-York.

The hop inspector respectfully sheweth :—In conformity with the state laws on the subject of inspection, I herewith transmit to the Legislature a statement of all the hops inspected by me during the last twelve months, ending 1st mo. 1st, 1831.

Inspector’s Report for the City of New-York, for the year 1830.

606 bales of hops, 127,840 lbs., average price, say, 12 1/2 cts $15,980
Inspector’s fees at 10 cents per 100 lbs.,…. $127 84
Deduct for extra labor, materials, and other
incidental expenses, at 31 cents per bale, 21 21
Inspector’s available funds, (no emoluments) 106 63

From the inadequate means, as stated above, towards supporting a competent judge of the article of hops, I respectfully solicit the legislature to abolish the Albany Inspection, on all hops exported from the state. Shipments when confined to a single brand, would render it more hazardous for those making encroachments on our state laws, which in some degree is followed, and by superior management, rendered difficult of detection.
ROBERT BARNES
New-York, 1st mo. 1st January, 1831.

So, Robert Barnes of New York City… err… County had John C. Donnelly kicked out of a plum appointment at the bottom of his very first report. Is that it? I take it that rendering “it more hazardous for those making encroachments on our state laws” by superior management is an oblique way of suggesting that Mr. Donnelly was in on some bad behaviour. It wasn’t a one sided discussion. The Donnelly report was received by the State Assembly on Friday February 4, 1831.

A month later, as a final matter of its working day on Friday March 4, 1831 the New York House of Assembly voted as follows:

Resolved, That the annual reports of Robert Barnes, inspector of hops in the city of New-York, and John C. Donnelly, inspector of hops in the city of Albany, be referred to the committee on trade and manufactures; and that said committee report to this House, what alterations (if any) are necessary in the law regulating the inspection of hops in this State.

It appears that the victory by Barnes might not have been entirely the sort of self-serving move one might expect from appointees of the era. In his 1835 report to the government he set the following out as part of his request to continue in the position:

My having been a brewer upwards of thirty years in this city, and since, seven more as inspector, a sufficient time to complete a thorough knowledge of its necessary duties, and respectfully solicits a continuance in office, which would confer a lasting obligation on your friend.

It is not like Barnes was not connected to the industry. Craig actually mentioned him in a post back in 2012. Here’s a notice of his from the New York Commercial Advertiser of 1807. His role as inspector appears to be a part time gig. Note also that during those years from the 1830 crop to that of 1834 (each reported the next year) there was an increase in value from $15,980 to $129,656. The volume of hops exported as well: 606 bales of exported hops in 1830 became 4,235 bales reported in the 1835 report. So why were the inspectors unhappy? Why did one report shutting down the other’s office? We actually have John C. Donnelly’s report from Albany submitted in February 1831 which has this fabulous table:

Turns out all of the 606 bales of hops reported in Barnes’s 1831 report were entirely sourced in upstate New York to the west and directly upstream… err, up the Erie Canal from Albany. So, as a first thing, if all the hops are passing both cities why have two inspection points? As a second? Not sure. I can’t find reference to hop inspections referenced in either the Journal of the NY State Assembly for 1832 or in the Documents recorded as being filed with the Assembly in that year. I may update if I find more information on the run in between Messers. Barnes and Donnelly but for now let this be a lesson to you all. Even a decent set of records should be considered partial and, therefore, imperfect. Ah, the human condition made manifest, as it usually is, in the inspection reports of primary agricultural production.

He Took Exception To The Spilled Beer

Elaborately, his exception he took:

She accidentally spilled Mangeya’s drink and he became angry and violent, threatening to beat us up. He shouted obscenities at the top of his voice. He eventually calmed down after some shoppers spoke to him and we reimbursed him $1 for his drink and promised to buy his water glass,” said Miss Mary Shumba, one of the workers at Regal Supermarket. She said Mangeya went away but later came back with some explosives that he connected to power cables while he was sitting at the entrance to the shop.

It is unkind to make light of events in distant and less secure lands. Yet there are only four sorts* of news stories left about beer, one being variations on the theme of beer and crime. And of all those wicked stories blowing up a shopping complex has got to be up there as the greatest over-reaction I have ever seen. The use of “lost his marbles” in an actual report of a thwarted crime of this scale is just an added bonus.

As discussed last year, tales of true crime and beer are a venerable part of our social discourse. Those three mugs of beer for the servant girl in 1 729 illustrate the opposite end of the same old measuring stick. For better or worse both moralists and felons often associate beer and crime. Do we deny the truth with the fervour of a semi-amateur craft PR consultant sensing something that might compromise his revenue stream? Or do we embrace the seamy reality as part of beers role in life’s rich pageant?

*1. “Beer Fest / Bar / Micro / Wet Hops Coming To Town!”; 2. Interview (with no corroborating fact checking) of Great Figure in Craft Brewing (yogurt optional); 3. Travel Piece on “Wherever The Junket Money Sent The Author”… and it was Amazeballs!; 4. Beer Crime.