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Treasury decisions under customs and other laws Volume 28

Treasury decisions under customs and other laws Volume 28

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 Excerpt: ...that neither "vegetables" nor "fruit" had any special meaniug in trade or commerce, different from that given in the dictionaries; and that they had the same meaning in trade to day that they had in March, 1883, The passages cited from the dictionaries define the word "fruit" as the seed of plants, or that part of plants which contains the seed, and especially the juicy, pulpy products of certain plants, covering and containing the seed. These definitions have no tendency to show that tomatoes are "fruit," as distinguished from "vegetables," in common speech, or within the meaning of the tariff act. There being no evidence that the words "fruit" and "vegetables" have acquired any special meaning in trade or commerce, they must receive their ordinary meaning. Of that meaning the court is bound to take judicial notice, as it does in regard to all words in our own tongue: and upon such a question dictionaries are admitted, not as evidence, but only as aids to the memory and understanding of the court. (Brown v. Piper. 91 U. 8., 37, 42;' Jones v. United States. 137 U. S., 202, 216; Nelson v. Cushiug, 2 Cush., 519, 532, 533; Page v. Fawcet, 1 Leon.', 242; Taylor on Evidence (8th ed.) §§ 16, 21.) Botanically speaking, tomatoes are the fruit of the vine, just as are cucumbers, squashes, beans, and peas. But in the common language of the people, whether sellers or consumers of provisions, all these are vegetables, which are grown in kitchen gardens, and which, whether eaten cooked or raw, are. like potatoes, carrots, parsnips, turnips, beets, cauliflower, cabbage, celery, and lettuce, usually served at dinner in, with, or after the soup, fish, or meats which constitute the principal par...