No. 3.] BILLINGS — ON THE GENUS OBOLELLINA. 333 



fortune, not mine. He should have had it immediately reprinted. 

 I am informed that it could have been done in less than half a 

 day, and at an expense of only four dollars. Surely the rich 

 State of New York could have afforded that amount. A great 

 deal more might be said upon this subject, but the above is quite 

 sufficient to show that it is not my fault that this difficulty has 

 arisen. 



In this case I do not desire that the law of publication should 

 be harshly administered, but I insist that the circumstances are 

 such that it should be strictly carried out. Prof Hall's pam- 

 phlet was not regularly published, according to the strict meaning 

 of the law, and as it is altogether his fault, and not mine, the 

 consequences should fall upon him and not upon me. In the 

 common law, when a loss has accrued, which must be sustained 

 by one out of two individuals, it falls upon the one by whose mis- 

 conduct or neglect of duty it has been occasioned. The same 

 rule holds good in scientific matters, as well as in the ordinary 

 affairs of every-day life. I bestowed a great deal of investigation 

 on my genus, and no doubt Prof. Hall did the same upon his. 

 As matters have turned out, either his work or mine must be lost. 

 On whom must the loi?s full ? On the party who is to blame, or 

 or on the party who is not to blame ? I do not ask to have the law 

 stretched or executed leniently in my favor. I require no such 

 extension in order to obtain justice. I only desire that it should 

 be strictly adhered to, and not distorted in order to favour the 

 party who has been the cause of all this difficulty. 



