Tomato avocados, and squashes of all kinds (such as zucchini and pumpkins) are all botanically fruit, yet cooked as vegetables. This has led to legal dispute in the United States. In 1887, U.S. tariff laws that imposed a duty on vegetables, but not on fruit, caused the tomato's status to become a matter of legal importance. The U.S. Supreme Court settled this controversy on May 10, 1893, by declaring that the tomato is a vegetable, based on the popular definition that classifies vegetables by use—they are generally served with dinner and not dessert ("Nix v. Hedden" (149 U.S. 304)). The holding
Edward L. Hedden and replaced him with George H. Sterling, without administering a civil service exam, as this was not required by law. The decision was attacked by civil service reformers, who believed the appointment was politically motivated and that Sterling was incompetent, although Hedden defended his choice. Eventually, President Cleveland demanded a competitive examination and Sterling lost the post. On August 7, 1886, Hedden resigned his post and was replaced by Daniel Magone. In 1887, Hedden was named as the defendant in the case "Nix v. Hedden", in which fruit importer John Nix sued Hedden to recover duties Nix believed were unnecessary.