St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-07-07
DECIDED BY WIVES
THE SUPREME COURT OF THE
UNITED STATES FORCED TO
AN APPEAL.
a LAUGHABLE DILEMMA.
SUSTICESs WIVES TURN DOWN
THE COURT AND WEBSTER'S
DICTIONARY.
COURT MEEKLY AcaUIEsCEs.
phc Question of Whether AnehO-
w Paste Is IL Sauce Decided
Adversely.

Adversely.
WASHINGTON, July 6.-An import
ant case, involving the question, What
is a saucer" was decided by the SUI
preme court of the United States not
long ago in a way satisfactory to
certain New York firm, but the rec
ords of the court fail to explain how
the decision was reached. It has just
transpired that the judges had reached
an opposite opinion, and Justice Gray
was to write their decision that fish
paste was 4 sauce, when he happened
to mention the case to his wife and
changed his mind. When the other
judges consulted their wives they also
changed their minds, and so the ST.
preme court of the United States had
to reverse its judgment on sauce The
practical common sense of the house,
hold upset the entire judicial bench,
and Justice Gray was instructed to
write decision to the effect that fish
paste is not a sauce.
The case was brought by William e.
Boyle, Ruluf Lyles, Alexander Scott
and William Y. Boyle, plaintiffs in err
Tor, against the collector of the port of
New York. The suit was to recover an
excess of duties paid upon goods i'm
ported as fish paste" The custom
house assessed the goods aus Sauces
AT the trial in the circuit court one of
the plaintiffs testified that the goods
Were imported as ''anchovy paste and
''bloater paste" Webster's dictionary
was quoted to fix the definition Of
sauce, and in spite of the evidence that
anchovy paste and bloater paste were
not recognized in trade as sauces, the
circuit court directed that a verdict
be entered for the collector of the port,
on the ground that the term sauces of
all kinds in the tariff act was to be
taken in the ordinary meaning and
not in its trade meaning.
Then came the hearing before the
supreme court, the only justice absent
being Justice Jackson.
JUSTICE FIELDS STORY.
Justice Field interrupted the pro-
ceedings once to tell story of which
the alleged sauce reminded him.
There was once a young Irishman,
an officer in the English lancers, who
had served with Wellington in the
Peninsular war;" said the judge.
Upon his return he attacked a dinner
and was asked by his neighbor a
Surly young English officer if he would
have some of the anchovies.
Indeed and L WILL responded the
lancer. L have seen them growing in
Spain
'Growing?' repeated the other in
surprise.
Yes, growing returned the Celt,
exasperated at the question. I've seen
whole bushes full of them, and picked
them, too.
You are crazy, man. calculated
the Briton. 'Anchovies don't grow on
bushes; they swim in the sea.
The Irishman, already hot with
wine, gave the other the lie, and the
inevitable duel was the result. When
the principals We're placed next morn
ing the 1rishman's second whispered
to him: Shoot low, my boy, and see
him cut up capers.'
AT that word the Irishman cried
out: Hold, 1 am wrong. 1t was ca
pers, not anchovies, l saw growing in
SPAIN -
This pleasant interIude to the areu-
ment was much enjoyed, and the spec
tators were so interested in the OUT
come that they took sides, and sew
eral OF those who knew what anchovy
paste was took the opposition, on the
sauce side, down to Chamberlin's and
gave them substantial proof, washed
ooWn with the customary sparkle.
WHAT THE JUDGES DECIDED.
Alter the arguments were concluded
the judges considered the points. and
We're unit in favor of UNFOLDING the
decision of the lower court, and the
definition of Webster's Unabridged
Dictionary, and making Messrs. Boyle
ct al. pay 30 per cent ad valorem on
sauce"
Justice Gray was awarded the i'm
poftant duty of writing the decision in
accordance with this view, and when he
went home that night he mentioned
the matter to Mrs GRAY. at the sane
tme telling Justice Fields story
men MRS. Gray learned that the
6iSdt supreme court was going to de-
cue that hsh paste was sauce all the
domestic vigor in her soul was aroi,sad
and she proceeded to read her as
tihSulshed spouse such a lecture 1pon
the CUISINE and the constituents enter
ing INTO 1t that he began to Wayer II,
cam ana penetrating manner she
1IeIu up the delicious effects fish paste
Moulu nave on tender head of LET
luce, and described it's pala te mi
sating delight when freely embalI pG,-
ing chicken salad. Il
Sauce. indeed" said Mrs. Grav. ESQ
are SardlneS and smoked red herring
them -4ei III 81
WHAT THEIR WIVES DECIDED
Next day, when Justice GRAY reached
Ihe supreme court, he called his col.
itI ~ losetner and acquainted them
with the feminine view of the sa,Ica
question. '"oCe
You are all married men like nv.
sen, he said, land maybe you'd hat.
Ter sound your wives before We maItl
q n ptecedent about anchovy and bIoatel
This was agreed to. and nax+ 10,
elsht justices of the supreme corr,
met and solemnly concurred thai tbe
customs department of the United
So oatJs ana the circuit court of the
,Webster's unabridged dictionary didn'
kloW anything more about what saI,c,
was than tomtit did about ~,
Iehtateuch. If Justice Jackson ha,
peen there he would have acouiescen
DID MRS. GRAY HELP?
Accordingly Justice Gray wrote an
ooneI accession. Of course suprem,
court justices write their own onin
ions, but there are hints in soma -
the paragraphs ensuing of a nair n
feminine eyes looking over his shouI
ger. Here is part of the interestin,
The word Sauce as comment,
used, designates a condiment GEN
orally, but not always, of LIQUID form
eaten as an addition to and togethe
with dish of food, to give it fiavo
ana make it more palatable; and is no
either alone or with a bit of bread
either for its own sake only or +
stimulate the appetite for other foo
to be eaten afterward For instance
cEeese eaten with bread, or ham O
chicken eaten in a sandwich. or an
chovles or behring's, caviar or shred
OF salt tlsh, eaten, whether with O
without bread, as an appetizer befor