OpenLLM-France/wikimedia huggingface dataset:
# Nix v. Hedden/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
       ​ Mr. E. B. Smith for plaintiffs in error.
       Mr. Wm. A. Maury, Assistant Atty. Gen., for defendant in error.
Mr. Justice Gray delivered the opinion of the court.
The single question in this case is whether tomatoes, considered as provisions, are to be classed as "vegetables" or as "fruit"' within the meaning of the tariff act of 1883.
The only witnesses called at the trial testified that neither "vegetables" nor "fruit" had any special meaning in trade or commerce different from that given in the dictionaries, and that they had the same meaning in trade today that they had in March, 1883.
The passages cited from the dictionaries define the word "fruit" as the seed of plants, or that part of plants which contains the seed, and especially the juicy, pulpy products of certain plants, covering and containing the seed. These definitions have no tendency to show that tomatoes are "fruit," as distinguished from "vegetables," in common speech, or within the meaning of the tariff act.
There being no evidence that the words "fruit" and "vegetables" have acquired any special meaning in trade or commerce, they must receive their ordinary meaning. Of that ​ *meaning the court is bound to take judicial notice, as it does in regard to all words in our own tongue; and upon such a question dictionaries are admitted, not as evidence, but only as aids to the memory and understanding of the court. Brown v. Piper, 91 U.S. 37, 42 [28: 200, 201]; Jones v. United States, 137 U.S. 202, 216 [34: 691, 697]; Nelson v. Cushing, 2 Cush. 519, 532, 533; Page & Fawcet's Case, 1 Leon. 242; Taylor, Ev. (8th Ed.) §§16, 21.
Botanically speaking, tomatoes are the fruit of a vine, just as are cucumbers, squashes, beans, and peas. But in the common language of the people, whether sellers or consumers of provisions, all these are vegetables which are grown in kitchen gardens, and which, whether eaten cooked or raw, are, like potatoes, carrots, parsnips, turnips, beets, cauliflower, cabbage, celery, and lettuce, usually served at dinner in, with, or after the soup, fish, or meats which constitute the principal part of the repast, and not, like fruits generally, as dessert.
The attempt to class tomatoes as fruit is not unlike a recent attempt to class beans as seeds, of which Mr. Justice Bradley, speaking for this court, said:
    "We do not see why they should be classified as seeds, any more than walnuts should be so classified. Both are seeds, in the language of botany or natural history, but not in commerce nor in common parlance. On the other hand, in speaking generally of provisions, beans may well be included under the term 'vegetables.' As an article of food on our tables, whether baked or boiled, or forming the basis of soup, they are used as a vegetable, as well when ripe as when green. This is the principal use to which they are put. Beyond the common knowledge which we have on this subject, very little evidence is necessary, or can be produced."
Robertson v. Salomon, 130 U. S. 412, 414 [32: 995].
Judgment affirmed.
# Nix v. Allen Executrix

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
112 U.S. 129
Nix v. Allen Executrix
A. H. Garland, for appellant.
A. T. Britton, J. H. McGowan, John F. Dillon, and Wager Swayne, for appellees.
WAITE, C. J.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 256

Letter CCLVI.
To the very well beloved and reverend brethren the presbyters Acacius, Aetius, Paulus, and Silvanus; the deacons Silvinus and Lucius, and the rest of the brethren the monks, Basil, the bishop.
News has reached me of the severe persecution carried on against you, and how directly after Easter the men who fast for strife and debate attacked your homes, and gave your labours to the flames, preparing for you indeed a house in the heavens, not made with hands, but for themselves laying up in store the fire which they had used to your hurt. I no sooner heard of this than I groaned over what had happened; pitying not you, my brethren, (God forbid!) but the men who are so sunk in wickedness as to carry their evil deeds to such an extent. I expected you all to hurry at once to the refuge prepared for you in my humble self; and I hoped that the Lord would give me refreshment in the midst of my continual troubles in embracing you, and in receiving on this inactive body of mine the noble sweat which you are dropping for the truth’s sake, and so having some share in the prizes laid up for you by the Judge of truth. But this did not enter into your minds, and you did not even expect any relief at my hands. I was therefore at least anxious to find frequent opportunities of writing to you, to the end that like those who cheer on combatants in the arena, I might myself by letter give you some encouragement in your good fight. For two reasons, however, I have not found this easy. In the first place, I did not know where you were residing. And, secondly, but few of our people travel in your direction. Now the Lord has brought us the very well beloved and reverend brother Sanctissimus, the presbyter. By him I am able to salute you, and I beseech you to pray for me, rejoicing and exulting that your reward is great in heaven, and that you have freedom with the Lord to cease not day and night calling on Him to put an end to this storm of the Churches; to grant the shepherds to their flocks, and that the Church may return to her proper dignity. I am persuaded that if a voice be found to move our good God, He will not make His mercy afar off, but will now “with the temptation make a way to escape, that ye may be able to bear it.” Salute all the brethren in Christ in any name.

## Footnotes

* ↑ Placed in 376.
* ↑ Maran (Vit. Bas. xxxvi. 5) remarks that the Acacius heading this list is probably the Acacius who in 375 had invited Basil in the name of the Church of Berœa, and was afterwards famous alike for his episcopate at Berœa and his hostility to St. Chrysostom. cf. Letter ccxx. p. 260.
* ↑ Is. lviii. 4.
* ↑ 2 Cor. v. 1.
* ↑ Matt. v. 12.
* ↑ 1 Cor. x. 13.
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 259

Letter CCLIX.
To the monks Palladius and Innocent.
From your affection for me you ought to be able to conjecture my affection for you. I have always desired to be a herald of peace, and, when I fail in my object, I am grieved. How could it be otherwise? I cannot feel angry with any one for this reason, because I know that the blessing of peace has long ago been withdrawn from us. If the responsibility for division lies with others, may the Lord grant that those who cause dissension may cease to do so. I cannot even ask that your visits to me may be frequent. You have therefore no reason to excuse yourselves on this score. I am well aware that men who have embraced the life of labour, and always provide with their own hands the necessities of life, cannot be long away from home; but, wherever you are, remember me, and pray for me that no cause of disturbance may dwell in my heart, and that I may be at peace with myself and with God.

## Footnotes

* ↑ Placed in 377.
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 264

Letter CCLXIV.
To Barses, bishop of Edessa, in exile.
To Barses the bishop, truly God-beloved and worthy of all reverence and honour, Basil sends greeting in the Lord. As my dear brother Domninus is setting out to you, I gladly seize the opportunity of writing, and I greet you by him, praying the holy God that we may be so long preserved in this life as to be permitted to see you, and to enjoy the good gifts which you possess. Only pray, I beseech you, that the Lord may not deliver us for aye to the enemies of the Cross of Christ, but that He will keep His Churches, until the time of that peace which the just Judge Himself knows when He will bestow. For He will bestow it. He will not always abandon us. As He limited seventy years for the period of captivity for the Israelites in punishment for their sins, so peradventure the Mighty One, after giving us up for some appointed time, will recall us once again, and will restore us to the peace of the beginning—unless indeed the apostasy is now nigh at hand, and the events that have lately happened are the beginnings of the approach of Antichrist. If this be so, pray that the good Lord will either take away our afflictions, or preserve us through our afflictions unvanquished. Through you I greet all those who have been thought worthy to be associated with you. All who are with me salute your reverence. May you, by the grace of the Holy One, be preserved to the Church of God in good health, trusting in the Lord, and praying for me.

## Footnotes

* ↑ Placed in 377.
* ↑ See Soz., H.E. vi. 34, who says that Barses, with Eulogius, was not consecrated to any definite see. cf. also Theodoret H.E. iv. 16, where it is stated that his bed was preserved at Aradus.
* ↑ Domninus was a not uncommon name, and there are several mentioned about the same time, e.g. Nilus, Epp. iii. 43 and 144.
* ↑ Jer. xxv. 12.
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 26

Letter XXVI.
To Cæsarius, brother of Gregory.
Thanks to God for shewing forth His wonderful power in your person, and for preserving you to your country and to us your friends, from so terrible a death. It remains for us not to be ungrateful, nor unworthy of so great a kindness, but, to the best of our ability, to narrate the marvellous works of God, to celebrate by deed the kindness which we have experienced, and not return thanks by word only. We ought to become in very deed what I, grounding my belief on the miracles wrought in you, am persuaded that you now are. We exhort you still more to serve God, ever increasing your fear more and more, and advancing on to perfection, that we may be made wise stewards of our life, for which the goodness of God has reserved us. For if it is a command to all of us “to yield ourselves unto God as those that are alive from the dead,” how much more strongly is not this commanded them who have been lifted up from the gates of death? And this, I believe, would be best effected, did we but desire ever to keep the same mind in which we were at the moment of our perils. For, I ween, the vanity of our life came before us, and we felt that all that belongs to man, exposed as it is to vicissitudes, has about it nothing sure, nothing firm. We felt, as was likely, repentance for the past; and we gave a promise for the future, if we were saved, to serve God and give careful heed to ourselves. If the imminent peril of death gave me any cause for reflection, I think that you must have been moved by the same or nearly the same thoughts. We are therefore bound to pay a binding debt, at once joyous at God’s good gift to us, and, at the same time, anxious about the future. I have ventured to make these suggestions to you. It is yours to receive what I say well and kindly, as you were wont to do when we talked together face to face.

## Footnotes

* ↑ Placed in 368.
* ↑ Cæsarius was the youngest brother of Gregory of Nazianzus. After a life of distinguished service under Julian, Valens, and Valentinian, he was led, shortly after the escape narrated in this letter, to retire from the world. A work entitled Πύστεις, or Quæstiones (sive Dialogi) de Rebus Divinus, attributed to him, is of doubtful genuineness. Vide D.C.B. s.v. The earthquake, from the effects of which Cæsarius was preserved, took place on the tenth of October, 368. cf. Greg. Naz, Orat. x.
* ↑ Rom. vii. 13.
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 257

Letter CCLVII.
To the monks harassed by the Arians.
1. I have thought it only right to announce to you by letter how I said to myself, when I heard of the trials brought upon you by the enemies of God, that in a time reckoned a time of peace you have won for yourselves the blessings promised to all who suffer persecution for the sake of the name of Christ. In my judgment the war that is waged against us by our fellow countrymen is the hardest to bear, because against open and declared enemies it is easy to defend ourselves, while we are necessarily at the mercy of those who are associated with us, and are thus exposed to continual danger. This has been your case. Our fathers were persecuted, but by idolaters their substance was plundered, their houses were overthrown, they themselves were driven into exile, by our open enemies, for Christ’s name’s sake. The persecutors who have lately appeared, hate us no less than they, but, to the deceiving of many, they put forward the name of Christ, that the persecuted may be robbed of all comfort from its confession, because the majority of simpler folk, while admitting that we are being wronged, are unwilling to reckon our death for the truth’s sake to be martyrdom. I am therefore persuaded that the reward in store for you from the righteous Judge is yet greater than that bestowed on those former martyrs. They indeed both had the public praise of men, and received the reward of God; to you, though your good deeds are not less, no honours are given by the people. It is only fair that the requital in store for you in the world to come should be far greater.
2. I exhort you, therefore, not to faint in your afflictions, but to be revived by God’s love, and to add daily to your zeal, knowing that in you ought to be preserved that remnant of true religion which the Lord will find when He cometh on the earth. Even if bishops are driven from their Churches, be not dismayed. If traitors have arisen from among the very clergy themselves, let not this undermine your confidence in God. We are saved not by names, but by mind and purpose, and genuine love toward our Creator. Bethink you how in the attack against our Lord, high priests and scribes and elders devised the plot, and how few of the people were found really receiving the word. Remember that it is not the multitude who are being saved, but the elect of God. Be not then affrighted at the great multitude of the people who are carried hither and thither by winds like the waters of the sea. If but one be saved, like Lot at Sodom, he ought to abide in right judgment, keeping his hope in Christ unshaken, for the Lord will not forsake His holy ones. Salute all the brethren in Christ from me. Pray earnestly for my miserable soul.

## Footnotes

* ↑ Placed in 376.
* ↑ Maran conjectures an allusion to Fronto.
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 328

Letter CCCXXVIII.
To Hyperectius.
[On Basil’s health.]
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 329

Letter CCCXXIX.
To Phalirius.
With thanks for a present of fish.]
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 324

Letter CCCXXIV.
To Pasinicus, the Physician.
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 326

Letter CCCXXVI.
Without address.
[Monitory.]
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 327

Letter CCCXXVII.
Without address.
[Hortatory.]
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 33

Letter XXXIII.
To Aburgius.
Who knows so well as you do how to respect an old friendship, to pay reverence to virtue, and to sympathise with the sick? Now my God-beloved brother Gregory the bishop has become involved in matters which would be under any circumstances disagreeable, and are quite foreign to his bent of mind. I have therefore thought it best to throw myself on your protection, and to endeavour to obtain from you some solution of our difficulties. It is really an intolerable state of things that one who is neither by nature nor inclination adapted for anything of the kind should be compelled to be thus responsible; that demands for money should be made on a poor man; and that one who has long determined to pass his life in retirement should be dragged into publicity. It would depend upon your wise counsel whether you think it of any use to address the Comes Thesaurorum or any other persons.

## Footnotes

* ↑ Placed in 369.
* ↑ cf. Ep. xxxiii., lxxv., cxlvii., clxxviii., ccciv., and also cxcvi., though the last is also attributed to Greg. Naz. He was an important lay compatriot of Basil. Tillemont was of opinion that the dear brother Gregory referred to in this letter is Gregory of Nyssa; but Maran points out that the events referred to are the same as those described in Letter xxxii., and supposes the word episcopus to have been inserted by a commentator.
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 323

Letter CCCXXIII.
To Philagrius Arcenus.
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 334

Letter CCCXXXIV.
To a writer.
Write straight, and make the lines straight. Do not let your hand go too high or too low. Avoid forcing the pen to travel slantwise, like Æsop’s crab. Advance straight on, as if following the line of the carpenter’s rule, which always preserves exactitude and prevents any irregularity. The oblique is ungraceful. It is the straight which pleases the eye, and does not allow the reader’s eyes to go nodding up and down like a swing-beam. This has been my fate in reading your writing. As the lines lie ladderwise, I was obliged, when I had to go from one to another, to mount up to the end of the last: then, when no connexion was to be found, I had to go back, and seek for the right order again, retreating and following the furrow, like Theseus in the story following Ariadne’s thread. Write straight, and do not confuse our mind by your slanting and irregular writing.

## Footnotes

* ↑ Of the use of this word to indicate the lines in mss., cf. Aristoph., Thesm. 782, and Anth., Pal. vi. 82.
* ↑ i.e. in the Labyrinth of Crete. Ope virginea, nullis iterata priorum, Janua difficilis filo est inventa relecto. Ov., Metam. viii. 172.
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 325

Letter CCCXXV.
To Magninianus.
# Nicene and Post-Nicene Fathers: Series II/Volume VIII/The Letters/Letter 322

Letter CCCXXII.
Without address.
[Asking a friend to come with his wife and spend Easter with him.]
# Omnibus Public Land Management Act of 2009/Title XV
### SEC. 15101. LABORATORY AND SUPPORT SPACE, EDGEWATER, MARYLAND.

    (a) Authority To Design and Construct.—
       The Board of Regents of the Smithsonian Institution is authorized to design and construct laboratory and support space to accommodate the Mathias Laboratory at the Smithsonian Environmental Research Center in Edgewater, Maryland.
    (b) Authorization of Appropriations.—
       There is authorized to be appropriated to carry out this section a total of $41,000,000 for fiscal years 2009 through 2011. Such sums shall remain available until expended.

### SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA.

    (a) Authority To Construct.—
       The Board of Regents of the Smithsonian Institution is authorized to construct laboratory space to accommodate the terrestrial research program of the Smithsonian tropical research institute in Gamboa, Panama.
    (b) Authorization of Appropriations.—
       There is authorized to be appropriated to carry out this section a total of $14,000,000 for fiscal years 2009 and 2010. Such sums shall remain available until expended.

### SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY.

    (a) In General.—
       The Board of Regents of the Smithsonian Institution is authorized to construct a greenhouse facility at its museum support facility in Suitland, Maryland, to maintain the horticultural operations of, and preserve the orchid collection held in trust by, the Smithsonian Institution.
    (b) Authorization of Appropriations.—
       There is authorized to be appropriated $12,000,000 to carry out this section. Such sums shall remain available until expended.
# Omnibuses and Cabs/Front matter

OMNIBUSES AND CABS
THEIR ORIGIN AND HISTORY
BY
HENRY CHARLES MOORE
WITH THIRTY-ONE ILLUSTRATIONS
LONDON: CHAPMAN & HALL, LD. 1902
It is with great pleasure that I acknowledge my indebtedness to Mr. George A. Glover, kindly placed at my disposal valuable information concerning the early history of omnibuses, and cabs and several rare pictures, which are now reproduced for the first time.
I desire, also, to thank Mr. G. A. Thrupp, the venerable author of "The History of the Art of Coach-Building," for permitting me to have access to his interesting collection of illustrations of vehicles, and to reproduce several engravings dealing with the subject of this book. For a similar I am greatly indebted to the Worshipful Company of Coach Makers and Coach-Harness Makers.
H. C. M.
    London,
       August 23, 1901.
# Omnibuses and Cabs/List of Illustrations

LIST OF ILLUSTRATIONS
| | page |
| Shillibeer's First Omnibus | 13 |
| Shillibeer's Third Omnibus | 19 |
| Gurney's Steam Carriage | 37 |
| The "Autopsy" Steam Omnibus | 39 |
| The "Era" Steam Omnibus | 40 |
| The "Automaton" Steam Omnibus | 44 |
| Adam's Equirotal Omnibus | 61 |
| A Knife-board Omnibus | 65 |
| Omnibus built by Rock and Gowar | 69 |
| Tilling's Four-horse "Times" | 75 |
| Richmond Conveyance Company Omnibus | 91 |
| Richmond Conveyance Company Omnibus End View | 93 |
| The First Vehicle to cross Holborn Viaduct | 98 |
| The London Road Car Company's First Omnibus | 103 |
| A Road Car Company Omnibus, 1901 | 107 |
| A Metropolitan Railway "Umbrella" Omnibus, 1901 | 109 |
| A Red "Favourite" 1901 | 110 |
| Hackney-coach. About 1680 | 189 |
| Hackney-coach. About 1800 | 194 |
| London Cab of 1823, with curtain drawn | 207 |
| The "Coffin-cab" | 210 ​ |
| Boulnois's Cab | 214 |
| The First Hansom | 217 |
| An Improved Hansom | 219 |
| Francis Moore's Vehicle | 221 |
| The First Four-wheeled Cab | 225 |
| The Tribus. Back View | 229 |
| The Tribus. Side View | 230 |
| John Cockram | 261 |
| Parlour's Hansom | 269 |
| Electric Cab | 272 |
# Old Colony Trust Company v. Commissioner of Internal Revenue

* Search for titles containing or beginning with: "Old Colony Trust Company v. Commissioner of Internal Revenue."
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This is a disambiguation page. It lists works that share the same title. If an article link referred you here, please consider editing it to point directly to the intended page.
* Old Colony Trust Company v. Commissioner of Internal Revenue (279 U.S. 716)
* Old Colony Trust Company v. Commissioner of Internal Revenue (301 U.S. 379)
# Old Colony Trust Company v. Commissioner of Internal Revenue (279 U.S. 716)

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
Old Colony Trust Co. v. Commissioner, 279 U.S. 716, was an income tax case before the Supreme Court of the United States. Warning: template has been deprecated.
United States Supreme Court
279 U.S. 716
Old Colony Trust Company v. Commissioner of Internal Revenue
Argued: April 15, 1929. --- Decided: June 3, 1929
[Syllabus from pages 716-718 intentionally omitted]
Messrs. Arthur A. Ballantine and George E. Cleary, both of New York City, for Old Colony Trust Co. and others.
The Attorney General and Mr. Alfred A. Wheat, of Washington, D. C., for Commissioner of Internal Revenue.
Mr. Chief Justice TAFT delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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