Swing (Jan-Dec 1950)

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82 Swiny January -February, 1950 in Denver, he was discharged. During "It wouldn't happen like that again the hospitalisation period, Shaffer un' in a hundred thousand cases," the derwent five operations that restored doctor said, "but it wasn't anything I two ribs and corrected many other did that made the case so unusual. It disabilities which had resulted from was just the course the bullet took, the wound. Very thoughtful of it." Today this lad is the recipient of an 80 per cent pension for the dam age inflicted on his heart. But he is Author's Note: — Ray Shaffer was a nonetheless a normal, healthy indi very ,dear frifnd o{ mine "nd *n3fus 1° •j i ' see this article in print, but the day the ^ ol ee editors of Swing notified me that it Shaffer, who is a senior student of would be published, Ray Shaffer died of business administration at the Univer bac\ injuries sustained November 26, sity of Illinois and a leader in campus 11949 w,hen his j^omobae overturned „_*A, ..v; ,--n n ,i « . three miles west of Faxton, Illinois. He activities, still recal s the modest sur was 25 years o]d 1 and schedu]ed t0 be geon who saved his life. graduated from college in February.— S.K. The Tomato Gogs to Court THE tomato holds the distinction of being the only vegetable ever to go to the United States Supreme Court. The question which took it to the nation's highest tribunal was whether it is a fruit or a vegetable. For a long time there has been a contention regarding the proper classi' fication. Botanists maintain that it is a berry and should naturally be termed a fruit since it is a fruit of the vine. Horticulturists and the United States Department of Agriculture list it as a vegetable like cucumbers, squash, beans and peas. A lawsuit resulted after the passage of the Tariff Act of 1883, which placed an import tax on vegetables but admitted fruits free of duty. An importer by the name of Nix brought suit against the Collector of the Port of New York, demanding back duties on tomatoes he had imported from the West Indies. He predicated his action on the supposition that tomatoes were fruit. The lower courts, in 1887, ruled the imports under the vegetable category and returned a verdict in favor of the customs collector. The case went to the Supreme Court on May 10, 1893. In a lengthy opinion, which included many horticultural points, the Supreme Court justices upheld the verdict of the lower courts. Legally, the tomato is a vegetable. — Barney Schwartz. A TOURING the administration of Calvin Coolidge, the trustees of an Eastern college went to great trouble to persuade the president to be present at the laying of the cornerstone of a new building. He reluctantly agreed to attend. When the great day arrived, Coolidge himself took the shovel and turned a spadeful of earth. Though he had refused to make a formal address, the assembled dignitaries preserved a reverent silence in anticipation of hearing a few memorable sentences. Coolidge finally realised that he was expected to say something. Modestly dropping his gaze to the upturned earth, he remarked, "Say! That's a mighty fine fish worm!"