332 THE CANADIAN NATURALIST. [Vol. vi. 



but private distribution. Should he even send one to a learned 

 society, whose library is private, it would still not be publication. 

 The work would not be accessible to the public. 



My genus was openly and fairly published, on the 29th Dec, 

 1871, in a scientific journal of good standing, and at all times 

 obtainable by purchase. 



Prof. Hall's pamphlet was not published, but only privately 

 distributed to a very few parties. 



Although the law (that publication in the true sense of the 

 term is the only test of priority,) should, in general, be rigidly 

 enforced, yet in peculiar cases it admits of a considerable amount 

 of flexibility. It should not always be carried out with a strong 

 hand. Circumstances may render it necessary, in order to do 

 justice, that it should be very strictly adhered to as against one 

 of the parties, and more leniently as regards the other. When 

 one of the disputants has proceeded in an irregular manner ; has 

 not published his paper in the ordinary way, in a scientific journal 

 or book obtainable by purchase; and when, in consequence of 

 such irregularity, the difl&culty to be settled has arisen, he is to 

 blamCj and the law should be strictly enforced. If Prof. Hall had 

 brought out his descriptions of Rhjnoholus and Dlnoholus, in any 

 of the scientific journals of this continent, in March, 1871, I 

 would almost certainly have seen it before the month of December, 

 and would not have published my genus. This unfortunate 

 collision would not then have occurred. But instead of follow- 

 ing the regular mode of publication he resorted to private distri- 

 bution, on a most limited scale ; not in America but in England. 

 In consequence of this I knew nothing of his genera, until I was 

 informed of them by Mr. Davidson, in a letter which only reached 

 me on the 17th of Jan., 1872, three weeks after my paper was 

 published. It is not, therefore, my fault but his, that a contro- 

 versy has arisen. Then as regards the Canadian specimen of 0. 

 Galtensis, he should, before he instituted a genus upon it, have 

 given Mr. Selwyn notice ; but instead of this, although he was 

 informed that I was working at the group of fossils to which it 

 belongs, he said nothing about it. It is not my fault that he 

 concealed this from us. If the species occurred in New-York, as 

 well as in Canada, he would not have been under any obligation 

 to give notice, but as it does not occur in that State the case is 

 quite different. It is said that shortly after his paper was printed 

 a part of the edition was destroyed by fire. That is his mis- 



