Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-08-26

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Washington, Aug. GA fruit isn't
always a fruit; sometimes It's a vege-
table. ;,
This is not an account of vaudeville
magic by which apples might miracu-
lousy be turned into turnlps. IL mas
more to do with that solemn and Ioglcal
bodv. 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.
Another time the watermelon was
brought into court, and an attempt was
made to prove that it was a vegetable.
But the court stood by tradition. The
watermelon remained a fruit.
All this occurred several decades
ago. The courts and the dictionary have
laid down lines of guidance for steering
a straight course In classifying fruits
and vegetables, so that no one need
WORRY over whether cucumbers, pump
kins. cantaloupes or string beans are
vegetables or not.
Yet, in spite of that questions being
settled, presumably for all time to
come, once in a while somebody who
has forgotten about the famous tomato
case, or who never heard of 1t, writes
to the department of agriculture to
know whether in stated instances he is
consuming a vegetable or a fruit.
The question seems pertinent now
because it has just been raised again
and because the new tariff bill Illus
trates how the tomato got into court
back in the sos. 1t was a tariff law
that did it, the bureau of plant INDUS
try explains. The tariff on fruits in
general was lower tina the tariff on
vegetables, and a West India firm wal
convinced that the tomato should be q
fruit. The company entered its ship
ment of tomatoes as fruit, but the gov
eminent held that the tomato was O
vegetable, and the importers had TO pay
the higher rate.
The ompan paid and promptly
went to court to recover its money. II
presented evidence showing that botan-
| ically a tomato is a fruit. 1t contains
I the seeds of the plant and it is the
product of the blossom.
But, the government pointed out
botsnieally speaking. squashes are
| fruit, as are other products which Gus
tom clearly Classics as vegetables
The dictionary and produce men were
quoted. The dictionary took the stand
that an agricultural products which
was more adapted to be eaten as des
sert than in the main body of the mea
was a fruit.
Court Reverses Botany
The supreme court decided that, al
tomatoes are grown in kitchen gardenI
and eaten generally as part of the bod,
of a meal, and as they are sold a!
vegetables, therefore tomatoes SHOULD
be considered vegetables so far as com
merce and general use are concernd
A supreme court justice said at thu
time that common sense and common
usage should be guides in classified
tons of the sort. He recalled a pre-
vious attempt of someone TO prove tina.
beans were seeds. The justice in tina
case had said:
we do not see why they should b.
classified as seeds any more than wal
nuts should be so classified. Boil
are seeds in the language of botan.
or natural history. but not in commerce
or in common %parlance. On the othe
hand, in speaking generally of pro
visions, beans may well be included
under the term vegetables AS al
article of food on our tables, whethe