Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-12-07
WHAT Is THE OYSTER

WHAT is THE OYSTERe
Is the BiUl.tce a Fish?-Ihe Vecosz Question
Which IS Bothering q Nagsstrate-Scien-
tt1ic, Legal and Gastrono,ssc Opinions O.,
the Case.
New York Hemld.t
1t will be gratifying to those pests of
humanity who are always ciphering out
difficult problems for their fellow beings to
rack their brains over to know that a po-
lice court in Washington has produced
something creditable in the way of legal
and geological conundrum. The court
down there is exercised over what an oys-
ter really is, and now after the bivalve has
been enjoyed by numerous generations
who didn't care rap about its family OF
genealogical tree, science and jurispru-
dence will have to put their heads together
to determine if an oyster is, or is not fish
znder the law.
The middle all came about through the
lrreligious act of James E. Talbot in SELL
ing various plates of fried oysters one Sun
day morning. So reprehensible deed
brought about his ears the authorities Of
West Washington, and Mr.. Talbot was
forthwith put IN duress, and in due time
brought face to face with the awful front
OF justice in a police court. There was no
denying the offenss. Divers reputable and
Eeracious persons testified that they had
partaken of fried oysters in Mr.. Talbot's
| restaurant on particular Sabbath, and
there was no going behind the returns as
to the actual commission of the sale.
Hence Mr.. Padgett, on behalf of the gov
eminent, asked that Mr.. Talbot be dealt
with as the law prescribed. For, had it
not been written and legislated that the
sale of anything on Sunday except
drugs and fresh fish" was illegal and pun
ishable by certain penalties which the mag
| istrats was empowered to infict? This
was all very well, but Counsellor Moore
claimed on behalf of the defendant that
the latter was exempt under the law, as he
had only sold oysters, presumably fresh,
and, consequently, fresh fish, to-wit: she'll
fish. But this would not be entertained by
the governments representative. He held
that these particular oysters, being cooked
in meal or crackers and lard, could not be
exempted as fresh fish, and Judge Smell,
who presided, raked up his fund of zoolog-
| lcal information and intimated tLat the
books made out that an oyster was not a
fish, but mollusk. However, he shrunk
from giving a decisive opinion on ques-
| ton SO momentous and involved, and he
asked week to consider what an oyster
really was.
A TREMENDOUS QUESTION.
1t is obvious that this question is preg-
nant with profound interest for legal and
scientific parties as well as for all the COM
munity who care about knowing just what
they are eating. It would tend to promote
ease of mind and facilitate digestion to
decide once and for all whether an oyster
IS animal, vegetable or mineral. A lucid
and timely solution of the question would
determine whether Mr.. Bergh's RESPONSE
bllltles are to be increased, and whether
his merclful Offices should be extended to
the long suffering and accomplishing
oyster. 1t Is narrowing to reflect on the
torments to which the stately and obese
saddle rock has submitted with the stoicism
OF dime novel Indian and the blood cur
dies at the recollection of the wrong done the
dainty and diffident Blue Point But perhaps
Marx Twain may have been right in class
ing oyster beds under the head of eland-
scape gardening" when he went into agri-
cultural journalism, and the oyster is only
vegetable after all. In such a case this
will rebound to the advantage of the prac-
teal granger, who will find good oyster
crop source of considerable emolument
and discover in the cultivation of the BIZ
valve pleasing and instructive industry. |
Again, If the oyster should be made out to |
be mineral what field for enterprisino |
speculation is opened in the vicinity Of /
Fulton market and the Shrewsbury river! |
Pearls are frequently imbedded in the |
covering of the bivalve, and in this case
there would probably be the making of a |
full set of jewelry in a half dozen sixteen |
cart oysters. Besides, it would be an in
centive to capitalists to follow the oyster |
veins along the Atlantic seaboard. and |
honest industry would find lucrative en-
ployment in working the ore.
Pending the decision of Judge Smell on |
the oyster Herald reporter visited sew
eral nigh authorities On the nature and an
cestry Of fish and their relations to the
oyster family. To Mr.. Eugene G. Black
ford, fish commissioner and expert in
matters aqueous and piscatorial, went the
first, and to him thus:
us an oyster a fish? Is it Just: is it
honest and in accordance with zoological
etiquette to call an oyster fsh?,
AN OPINION AS IS AN OPINION.
can oyster is not fish, quoth the com
Dramatically; sit is a moIlusk.n
But many people think the repor-
Ter was saying, when Mr.. Blackford saw
lis drift and interrupted with:
"Many people call an oyster a shell fish.
Very well. But they call kind of perch
! sea pike, and kind of mollusk sea
,are, and anything from school of por-
2oises to delirium tremens sea serpent.
But neither is pike, hare nor serpent. Just
he same with the oyster. It isn't q fish.
t is just like the clam and the scallop and
orms separate branch in natural history.
III under the head of fish are treated ofs:n
chthy ology, but oysters aren't admitted.
1ou see," continued Mr.. Blackboard, inyol- {
lntarily dropping into learned vein, {
there are good many folks who look !
pom pretty much everything that comes :.
ut of the water as a fish. Now they |,
7ould be greatly startled to remember :,
hat whale, scientifically speaking, isn't :
fish. It belongs to the family cetacea.
is of the order of mammals and
suckles its young. You'll adj
lit there is greater differ
nee between fish and an oyster than a a
ian and whale. There is the seal. You t
atch it in the water. But no more is it a {
lokc of |