When You Think You've Seen It All...
This is no joke. From what I see, this actually occurred:
"TOMATOES HAD THEIR DAY IN COURT
Today tomatoes are on our highest perch, but in 1887 they had their day in the highest court of the land. Are tomatoes a fruit or a vegetable? Ponder that--and that's exactly what the Supreme Court did on February 4, 1887 when tomatoes were elevated to the highest perch in the land, the United States Supreme Court. It's hard to imagine that tomatoes were the subject of a Supreme Court decision that officially labeled them a vegetable.
Under the Schedule G.-Provisions of the Tariff Act of March 3, 1883, there were tariffs placed on tomatoes imported from the West Indies because they were considered a fruit, and imported fruits were subject to tariffs.
Webster's Dictionary was consulted, along with Worcester's Dictionary and the Imperial Dictionary for the definitions of 'fruit' and 'vegetable.' The passages from the dictionaries defined '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. According to the court, '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.'
The court decision stated, 'Botanically, tomatoes are considered a fruit of the vine, just as are cucumbers, squashes, beans, and peas. But in common language of people, whether sellers or consumers of provisions, all these are vegetables which are grown in kitchen gardens, and which, 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 part of the repast, and not like fruits generally, as dessert.'"
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"TOMATOES HAD THEIR DAY IN COURT
Today tomatoes are on our highest perch, but in 1887 they had their day in the highest court of the land. Are tomatoes a fruit or a vegetable? Ponder that--and that's exactly what the Supreme Court did on February 4, 1887 when tomatoes were elevated to the highest perch in the land, the United States Supreme Court. It's hard to imagine that tomatoes were the subject of a Supreme Court decision that officially labeled them a vegetable.
Under the Schedule G.-Provisions of the Tariff Act of March 3, 1883, there were tariffs placed on tomatoes imported from the West Indies because they were considered a fruit, and imported fruits were subject to tariffs.
Webster's Dictionary was consulted, along with Worcester's Dictionary and the Imperial Dictionary for the definitions of 'fruit' and 'vegetable.' The passages from the dictionaries defined '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. According to the court, '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.'
The court decision stated, 'Botanically, tomatoes are considered a fruit of the vine, just as are cucumbers, squashes, beans, and peas. But in common language of people, whether sellers or consumers of provisions, all these are vegetables which are grown in kitchen gardens, and which, 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 part of the repast, and not like fruits generally, as dessert.'"
http://home.howstuffworks.com/framed.htm?parent=question143.htm&url=http://www.vegparadise.com/highestperch8.html