The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1895-08-02
UPSET THE COURT.
Wives OF the Supreme Justices De-
eide that Anchovy Paste is
Not a Sauce

/
An Important case, Involving the anes-
/ ton What is sauce was decided by
the Supreme court of the United States
not long ago in a way satisfactory to
certains New York firm, but the records
of the court fail 10 explain how the de-
tcision was reached. 1t has just traE,-
PRED that the Judges had reached an OPP
lposite opinion. and justice Gray WIS. to
/ write their decision that fish paste was a
sauce, when ne happened to mention the
lease to ht wife and. changed his mind.
lsshen th& otter judges consulted their
3Rsiyes they also cilaffgeds fI1eir minds,
land so the Supreme COURT of the Emitted
A Mates had to reverse its Judgment ON
s9nce Ihe PRACTICAL consinen sense of
me h2usehoM tlIsset The enfire judicial
bench, and Jtistice Cray was Instructed
! to write decision to the effect that fish
j paste is not a sauce.
! The Case was brought by William B.
Boyle, Kuluf Lyless Alexander Scott and
IAviIliaIn l.. Bogles plaintiffs in error
against the collector Of the port of New
Aork. The suit was to recover an excsss
| OF duties paid upon goods imported as
! fish paste" The custom house assessed
| thesgO0ds as sauces At the trial in the
! circuit court one of the plaintiffs testified
that the goods were imported as "anchov!
paste and "bloater paste" Webster;
/ dictionary was quoted TO fix the definition
OF sauce, and in spite of the evidence
| that anchoyy paste and bloater paste were
moi geeognizeds in trade as sauces. the
Ecifcdit court directed that d verdict be
felltefed for the collector of the port. Oh
| the ground that the term Sauces Of all
kinds" in the tariff act was to be taken
IN the ordinary meaning and not in it,;
trade meaning.
i Then came the hearing before the -Su
pre,ne court The only Justice absent be-
ing Justice aekson. RIFE
| Justice Fields Story.
Justice Field interrupted the proceed
i ings once to tell a story Of which the
alleged sarce reminder him 's'-ss''~aSs-asss-s'
There was once Il young Irish1nan. an
0thcer of tine English iancens. who had
Har.' said the judge. s..Taon his return he
attended dinner and was asked by his
neighbor, bury young English officer.
| II he would have some of the anchovies
/ Indeed and | will responded the
lancer: Nave Seen tiien growing SIN
/ Spain
:. Growing:' repeated the other. in sur
i Yes. lsroNdng, Z returned the Ceit, ex-
Fasperated at the question. I've seen
whole bushes full of them. and picked
them. too
:sYons are crazy. man. calculated the
bushes; they swim in the sea,
The 1rishman. already hot with Wine
gave The other the -iie.~ aIidatl,.~ inevitable
duel was the result. When the principals
| were placed next morning the Irishman 3
second Whispered to him Shoot low. my
! boy. and see him cut gnp caI,ers'
AT that word the Irishman cried out
Hold, [ am wrong. 1t was capers not.
anchOyies, l Jaw growing in Sbai 2
r. Thi3 Pleasant ntsrludes to the argument
+ was ~fauch ~eiIje ypd@aHd the SPECTATORS
were so interested in the outcome that
| they took sides and several of thns., who's
knew what aAcheyy-naste was took the
1 opposition. on the sauce side, down to-
TChamberfln and gave them substantial
| proof. washed down with the customary
sparkle.
4 -. = What the Judges Decided.
After the arguments were concluded, i
the judges considered the points. and weress
unit i'll favor of upholding the decision
OF the lower court. and the definition of
;Webster's zSEnatridged dictionary. and
making Messrs. Boyle etsa.. pay So pei
| cent. ad valorem on sauce
| Justice Gray was awarded the import
| ant duty of writing the decision in Accord
Eanee with this yiew.7and when he went
home that night he mentioned the matt
ter to Mrs. Gray. at the same time telling
Justice Fields story
When Mrs. Gray learned that the great
Supreme court was going to decide that
tsfsh pasteFwas sauce all the domestic Wig,
or in her soul was aroused. and she pro
| ceeded to read her distinguished spouse
| such a lecture upon the cuisine and the
| constituents entering into it that he began
to wayer. In a calm and penetrating
manner she held up the delicious effects
lettuce and described Its palate pulsating
delight when freely embellishing chicken
salad
Sauce. indeed. said Airs. Gray. SO
are sardines and smoked red herring,
I - What Their Wives Decided
Next day, when Justice Gray reached
tho Supreme court he called his colleagues
together and acquainted them with the
| feminine view of the sauce question
You are all married men like myself"
he said, land maybe you'd better sound
your wives before we make a precedent
about anchoyy, and -bloater- paste being
! sauce"
This was agreed to, and next day eight
justices of the Supreme court met and soi-
EMMY concurrel that the customs depart
ment of the United States and the circuit
4 court sof Athe Southern district of New
a York and Webster $. { nabridged Diction-
airy didn't know anything more about
what sauce was than tomtit did about
the Pentateuch. If Justice jackson had
/ been there die would have acquiesced too
4 Did Mrs. Gray Helpe
i Accordingly Justice Gray wrote an
ofher decision. OF course Supreme court
i justices write theirGawn opinions, but
there are hints in some of the paragraphs
ensuing of a pair OF Feminine eyes look
ing over his shoulder. Here is a part of
| the interesting document:
! THE word sauce as commonly used.
Isdesignates q continent generally, but
not always, Of liquid form. eaten as an a:l-
s dition to and together with dish of
food, to give it flavor anu make It more
pala and is not applied to any thing
which is eaten. either alone or with a
bit of bread, either for its own sake only
or to stimulate the appetite for other
food to be eaten afterward. For instance.
cheese eaten with bread, or ham or chick
4 en- eaten in a sandwich. or anchovies or
herrings. caviar or shreds of salt fish.
4 Seafen., whether with; or without bread.
| as an appetizer before a meal would hard
ly be called assauce. 80: ; :;
| ain the dictionary of Webster. referred
| to at the trial, the primary definition of
sauce is accordingly given as a mixture
lor COMPOSITION to be eaten with food for
tsimproying its rplishsa relishing scondi-s
| mcnt zappetizing addition to the principal
material of a dish
'At the trial the plaintiffs introduced
evidence that the goods in question were
manufactured out of anchories or bleat-
| ers ground up and spiced; were used as
food in Il distinct form. or as an appe-
tier principally in 4 ZsantIwich,. or some
times with u cracker, and mot as condi-
ment, and Were specifically known as
sanchovy paste and 'bloater PASTE and
tdhat ins trade and Scommer,e the word
sauce was applied to liquids only, and
not to these pastes
The circuit court. in directing verdict
for the defendant, ruled, in substance.
| that. as a matter of law and without re-
I gard to eemmercial usage. these articles
came within the words sauces of all
kinds in the tariff act. We are. unable
to concur in that view, or to say. either
Of our judicial knowledge or in view of
the evidence introduced, that these ar
ticles are necessarily sauces. of amy kind;
stilI less. thats this is SO clear as to 'eS-
clutle the usual test of commercial tiesig-
nation. - :. IS So
.''On. the contrary, ne areof opinion
that the evidence Of the nature and the
use of heseSartcies and Of their com
mcrcial DESTINATION would have warrant
ed jury III Ending that they weresnot