Edward L. Hedden

The appointment was made largely due to the influence of Hubert O. Thompson, the Commissioner of Public Works of the City of New York and local Democratic leader, as Hedden's son-in-law, Charles Campbell Worthington, was a contractor for the Department of Public Works.

Other candidates for the post included J. Edward Simmons, president of the New York Stock Exchange, who was supported by Samuel Tilden, and J. J. O'Donohue, a member of Tammany Hall.

[5][6] Hedden ran into controversy when he removed George B. Bacon, a Republican appointee, from his post as chief weigher of the Brooklyn Customs House 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.

In 1893, the Supreme Court ruled against Nix, stating that tomatoes were generally considered vegetables and thus should be taxed as such.