Perth Amboy evening news., 1922-08-26
WHEN A FRUIT BE
CALLED A VEGETABLE?
Daily Letter by Frederic J. Haskin

WASHINGTON Aug. GA fruit
isn't always a fruit; sometimes it's
a vegetable.
This is not account Of vaudeville
magic by which apples might mi
raculously be turned into turnips.
1t has more to do with that solemn
and logical body the supreme court
Of the United States, and apples and
other fruits are scarcely
involved at all. The fruit
which a court deigned to turn into
a vegetable was the tomato. An
other time the watermelon was
was made to prove that it was a
vegetable. But the court stood by
tradition. The watermelon re-
manner a T ruit.
All this occurred several decades
age. The courts and the dictionary
have laid down lines of guidance for
steering a straight course in classt-
flying fruits and vegetables. so that
no one need worry over whether Gu
cumbers, pumpkins. cantdloupe or
string beans are vegetables or not.
Yet, in spite of that questions's
being settled presumably for all
time to come, once in a while some
body who has forgotten about the
famous tomato case or who never
heard of it. writes to the Depart
ment of Agriculture to know wheth-
ed in stated instances he is con-
summing a vegetable or a fruit.
The question seems pertinent now
because it has just been raised
1910 .-1 L1oaA tho nnyY 4 a rifT
bill illustrates how the tomato got
into court back in the eighties. 1t
was a tariff law that did 1t, The Bu-
reau of Plant Industry explains. The
tariff on fruits in general was lower
than the tariff on vegetables and a
West Indian firm was convinced
that the tomato should be a fruit.
The company entered its shipment
of tomatoes as fruit, but the gov
eminent held that the tomato was
a vegetable and the importers a
to pay the higher rate.
The company paid and promptly
went to court to o its one
1t presented evidence showing mat
botannically a tomato is a fruit. 1T
contains the seeds of the plant n
it ia the product of the blossom.
But the government pointed out.
botannically speaking squashes are
fruit. as are other products which
custom clearly Classics rs vegeta-
bles. The dictionary and produce
men were quoted. The dictionary
took the stand that an agricultural
product which was more adapted 10
be eaten as dessert than in the main
body of the meal was a fruit.
Court Reverses Botany
The supreme court decided that
as tomatoes are grown in kitchen
gardens, and eaten generally as
part of the body of a meal. and as
thew are sold as vegetables. there
fore tomatoes should be considered
vegetables so far as commerce and
general use are concerned.
A supreme court justice said at
the time that common sense and
common usage should be guides in
classilcations of the sort. He re-
called a previous attempt of some
one TO prove that beans were seeds.
The Justice in that al had said:
I'VE do not see why they should
be classed as seeds any more than
walnuts should be so classified Botr
are seeds in the language of botany
or natural history. but not in com
merce or in common parlance. or
the other hand, in speaking genera
ally of provisions, beans may b'
included under the term 'vegeta'
bles.' AS an article of food on oui
tables whether baked or boiled o.
forming a basis Of soup. they ar
used as vegetables as well wnel
ripe as when green. This is tn
principal use to which they are put.
The watermelon case was argue
a few years later along simi'a' line
Watermelons were being shipped
up from Mexico to Arizona. AS greer
fruits were on the free list In tn
tariff schedule the dealers went Il
law to prove that a watermelon II
a green fruit. This time restauran
menus were brought into court II
show that hotels classify watermelon
among fruits and desserts. The mail
argument against the watermelon al
a fruit was that the seeds are com
monty listed among vegetable seeds
Yet the watermelon is sold py deal
ers as a fruit. The court made tn
obvious decision.
II dessert Is the key word, II Nigh
logically be asked whether pump
kins are not fruit. They are Ger