48 SMITHSONIAN MISCELLANEOUS COLLECTIONS VOL. 73 



priority in publication, but (3) Monophora appears to be the earlier. 

 On basis of these premises special protection is asked for Pyrosoma 

 in order that it may not be suppressed in favor of Monophora. 



The first premise is zoological in nature, and rests upon the techni- 

 cal judgment of the petitioning specialists. For the purpose of this 

 Opinion it is fundamental, and is accepted as established. 



The second and third premises involve questions of fact which can 

 be studied without reference to technical interpretation in taxonymy. 



According to the evidence before the Secretary (personal ex- 

 amination of the necessary literature) the two publications in ques- 

 tion (Peron and Bory) are of the same year ( 1804) , but that of Peron 

 for Pyrosoma also bears the date of An XII of the French Republic, 

 and that of Bory for Monophora also bears the date of An XIII of 

 the French Republic. 



An XII ended September 22, 1804, and An XIII began September 

 23, 1804. As it is a general principle that the date borne by a publi- 

 cation is to be assumed to be correct unless proved to be incorrect, 

 the evidence of An XII and An XIII would at first appear to settle 

 the question at issue. The work by Bory bears, however, the printed 

 statement on its flyleaf that in accordance with law, two copies of the 

 book were deposited in the Bibliotheque nationale, Paris, " ce 5 

 Fructidor An XII de la Republic Francais " (namely, August 23, 

 1804). Furthermore, according to Sherborn (1914a, p. 366) volume 

 4 of the Ann. Mus. nat. (containing Pyrosoma) was published in 

 August, 1804. Furthermore, also, Commissioner Blanchard in reply 

 to a request of the Secretary to establish in Paris the exact date of 

 issue of Peron's publication, has, under date of March 28, 1916, 

 replied as follows : 



Le fascicule 24 des Annales du JNIuseum d'histoire naturelle, qui contient le 

 memoire de Peron, se trouve annonce et analyse dans le Journal general de la 

 librairie [not accessible to the Secretary] de thermidor an XII. Thermidor an 

 XII finissant le 18 aout 1804, il est done hors de doute que le memoire de Peron 

 est paru quelque temps, peut-etre meme plusieurs semaines avant cette date. 



Accordingly the actual date of publication for Monophora is 

 August 23, 1804, and for Pyrosoma it is earlier than August 18, 1804. 



An examination of the facts of the case in question shows, there- 

 fore, that the 2nd and 3rd premises, upon which the Appellants ask 

 special protection for Pyrosoma are erroneous, and that if the In- 

 ternational Rules are rigidly applied, Pyrosoma is amply protected 

 from danger of being suppressed in favor of Monophora. 



In view of the foregoing data, the Secretary recommends that the 

 Commission adopt as its Opinion the following: 



