Nix v. Hedden official state vegetable. Nix v. Hedden Nix v. Hedden, 149 U.S. 304 (1893), was a decision by the Supreme Court of the United States that, under U.S. customs regulations, the tomato should be classified as a vegetable rather than a fruit. The Court's unanimous opinion held that the Tariff Act of 1883 used the ordinary meaning of the words "fruit" and "vegetable," instead of the technical botanical meaning. John Nix founded the John Nix & Co. fruit commission in New York City in 1839. The company became one of the largest sellers of produce in New York City at the
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.