The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-13
The Great Matzoth Controversy.

The great Beancake Controversy,
chronicled in these columns less than
a month ago, is rivalled in fury by the
contest over the classification Of i'm
ported edible waters. The preliminary
round, however was friendly, it being
conceded that baking powder or bicar-
Donate of soda was used in the manu-
facture OF the waters. The real gues-
ton was whether they were leavened.
The Government contended that such
was the case, and that therefore the mer-
chandise could not claim exemption I'm
der the act of July "a, 1897, Chapter II,
Section 2, providing for free list.
The learned and versatile Board of
General Appraisers for the Port Of New
York found as follows:
In order to produce a leaven. II is only neces.
sary that an agent 10 set up fermentation be en-
ployed. and baking powder or blcarbonate OF soda
are such agents. The Standard Dictionary de-
fines leaven as any substance that sets up or Is
intended TO set UP fermentation. The Century
and Webster dictionaries each defines Heaven as
to excite fermentation in; to raise and make light
as dough or paste
The board determined that the waters
were leavened, within the authorities,
because they supposed that baking
powder and soda set up fermentation.
Later, however, they admitted their
error:
" Now law steps In. bewigged. voluminous jawd,
Investigates and reinvestigstes.'
An appeal from the decision of the
Appraisers is taken to the Circuit Court
of the United States for the Southern
District of New York, the importers
savagely protesting against the imposi-
ton of a 20 per cent. ad valorem duty.
Alas, to no avail. Hark to the sentence
of TOWNSEND, D.:
In Its most technical and limited sense leaven
Is sour dough. and In this sense the term WAS un
derstood 1000 years ago. Later yeast was sub
stituted for sour dough as a leaven. Each OF
these substances leavened In the that 1t set
up fermentation. There Is hopeless con
aIct OF evidence as to the sense In which the term
leayen is commonly used. We are brought.
therefore. to a consideration OF the dictionar ~
definitions Here there is a substantial agreement
that leaNcn means any substance 'hdt seS up let
mcn,a,ion in. or raises and makes light There Is
considerable evidence tending 10 show that this
broad definition corresponds with ordinary under
standing and speech.
The strongest argument for the importers is
in the mLtzoths or Passover bread OF the Hebrews,
which while raised or made light by the action OF
Intense heat upon the water In the dough- Is known
us unleavened bread. Blu, matzoths are not made
light by any substance except the steam generated
In the OF baking the dough, And is thought
that the limited application Of this term In Biblical
sense TO peculiar product used In the religious
obseryances OF particular sect Is insufficient to
overcome tho broader general understanding OF
the Term"
Thus this question, raised-but not
made light of-by the action of intense
heat, is finally resolved in favor of
the Government, and the edible wafer
in state of furious fermentation must
submit to being called non-enumerated
manufactured article and pay for the
privilege in the bargain.