Those are the words of Justice Gray, speaking for a unanimous U.S. Supreme Court  in the case of Nix v. Hedden, 149 U.S. 304 (1893). This case is make the rounds among bloggers (see, e.g. Marginal Revolution and A Constrained Vision) because the New Jersey legislature is considering a bill designating the tomato as the state vegetable. We all know that tomatoes are fruits, but New Jersey is taking refuge in this passage from Nix:

Botanically speaking, tomatoes are the fruit of a vine, just as are cucumbers, squashes, beans, and peas. But in the common language of the people, whether sellers or consumers of provisions, all these are vegetables which are grown in kitchen gardens, and which, whether 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.

Understandably lost in this story is the Court's reference to an earlier dispute about whether beans are seeds.

The attempt to class tomatoes as fruit is not unlike a recent attempt to class beans as seeds, of which Mr. Justice Bradley, speaking for this court, said: '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. This is the principal use to which they are put. Beyond the common knowledge which we have on this subject, very little evidence is necessary, or can be produced.' Robertson v. Salomon, 130 U. S. 412, 414, 9 Sup. Ct. Rep. 559.

"Common knowledge" is the Court's way of saying, "don't bother us with fancy arguments because we know where we want to go with this." The Supreme Court still works this way (pdf).

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