No. 3,] BILLINGS — ON THE GENUS OBOLELLINA. 331 



cies does not occur at all in New York. In the beginninp^ of 1871, 

 Prof. Hall applied to Mr. Selwyn for the loan of the orijrinal spe- 

 cimens of Trimerella grandis, stating; that he wanted them to 

 elucidate some points in the structure of his Oholus Covradi. I 

 consented to the loan of them, and Prof. Hall was informed by Mr. 

 Selwyn that the genus was then under investigation by Mr. David- 

 son, Mr. Dall and myself. Shortly afterwards he applied for speci- 

 mens of Kutorgina and 0. Canadensis. I declined to lend the 

 latter as I was then using it. In reply he intimated that 

 he had no desire to take any advantage of me, but only to fortify 

 his own position. It turns out, however, that he was then actually 

 working at 0. Galtensis, intending to make a new genus on a Cana- 

 dian specimen. He did not inform Mr. Selwyn of this fact. Ten 

 months afterwards, I heard from Mr. Davidson that Prof. Hall 

 had proposed a new genus Rhi/nohohs, on the Canadian specimen 

 before mentioned, and it then became apparent why he wished to 

 borrow 0. Canadensis. A question now arises, whether or not 

 his pamphlet was regularly published, previously to the 29th Dec. 

 1871, the date of the publication of my genus. 



I have made extensive enquiries in the United States and 

 Canada, amono: those who would have been the first to have 

 received it, had it been regularly published, and cannot find one 

 who had ever seen it previously to the 29th December, 1871. I 

 have heard from the Directors of six Geological Surveys, from 

 the Smithsonian Institution, the Academy of Natural Sciences of 

 Philadelphia, the New York Lyceum of Natural History, the 

 Boston Natural History Society, McGill College and the Nat. 

 Hist. Soc. of Montreal, besides a number of geologists and pro- 

 fessors in colleges where geology is taught. The general opinion 

 is that it was not published in the United States at all. 



Then as to foreign countries, the only copy I have any certain 

 account of, is the one sent to Mr. Davidson. Another is noticed 

 in the Journal of the Geological Society for February, 1872, but 

 the exact date of its reception is not mentioned. The case stands 

 thus. 



It is admitted by all that the only test of priority is publica- 

 tion. By this term we must understand the placing of a book or 

 pamphlet on sale, so that it may be accessible to the public by 

 way of purchase. 



On the other hand, when an author only gives away several 

 copies of his work to his private friends, this is not publication, 



