Joseph P. Bradley

“ The court, however, did not allow the defendant to prove the common designation of beans as an article of food. It was shown by the evidence that beans are generally sold and dealt in under the simple designation of 'beans;' but that does not solve the question as between the rival designations of 'seeds' and 'vegetables.' The common designation, as used in every-day life, when beans are used as food, (which is the great purpose of their production,) would have been very proper to be shown, in the absence of further light from commercial usage. ”

“ The same consideration also applies in regard to the use of the more general term 'seeds.' We do not see why they should be classified as seeds any more than walnuts should be so classified. Both are seeds, in the language of botany or natural history, but not in commerce nor in common parlance. On the other hand, in speaking generally of provisions, beans may well be included under the term 'vegetables.' As an article of food on our tables, whether baked or boiled, or forming the basis of soup, they are used as a vegetable, as well when ripe as when green. ”

“ The following is one of the items of this schedule: 'Garden seeds, except seed of the sugar beet, 20 per cent. ad valorem.' If white beans are to be classed as 'garden seeds,' then the original decision of the collector was right. This decision, however, has been abandoned, and we think very properly. Although beans are often planted in gardens as seed, yet, as a product, and a commodity in the market, they are not generally denominated as 'garden seeds,' any more than potatoes, which are also sometimes planted as seed in gardens. ”