Nix v. Hedden
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  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Nix v. Hedden
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Author Topic: Nix v. Hedden  (Read 2548 times)
Bono
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« on: November 12, 2005, 03:50:18 PM »

Nix v. Hedden, Court citation: 149 U.S. 304 (1893), was a case decided by the United States Supreme Court to address the issue whether a tomato was classified as a fruit or a vegetable under the tariff act of 1883. The case was filed as an action by John Nix, John W. Nix, George W. Nix, and Frank W. Nix against Edward L. Hedden, collector of the port of New York, to recover back duties paid under protest. Botanically a tomato is a fruit. However, the court unanimously ruled that the tariff act used the ordinary meaning of the words "fruit" and "vegetable"—where a tomato is classified as a vegetable—not the technical botanical meaning.
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A18
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« Reply #1 on: November 12, 2005, 04:05:24 PM »

The decision was sound. When legislators use words, the law that results should be what those words ordinarily mean.
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Emsworth
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« Reply #2 on: November 12, 2005, 06:24:33 PM »

As Sir William Blackstone writes, "Words are generally to be understood in their usual and most known signification; not so much regarding the propriety of grammar, as their general and popular use." The common meaning of a phrase supersedes a technical meaning, unless the word is clearly used in a technical context.

In common parlance, a tomato is regarded as a vegetable. Hence, the decision was correct.
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