NO. 3 OPINIONS 82 TO 90 25 



Another kind of difficulty, however, is more Hkely to be presented 

 by fossils than by recent species. If in a description or a drawing 

 the characters are inextricably mingled and inaccurately presented, 

 it may be impossible to recognize the component species except by 

 external evidence. In such a case the name has no recognizable 

 foundation, and if the first reviser has declined to adopt it on that 

 ground, his action is justified. 



In the present case no such plea was raised and the action of 

 Burmeister and Barrande was therefore unjustified. 



The obvious course therefore is to fix on one of the figured head- 

 shields as the holotype of Otarion diffract urn Zenker. The generic 

 and specific names will then both hold good, and will reckon 

 Cyphaspis and C. burmeistcri among their synonyms. Cypliaspis 

 davifrons will become Otarion clavifrons. 



Following on this decision it is suggested that the rules should be 

 suspended so as to permit the continued use of the names Cyphaspis 

 and C. burmeistcri instead of their replacement by the hitherto unac- 

 cepted names Otarion and O. diffract urn. 



Cyphaspis is not a name so widely known and used as, say, Tri- 

 nucleiis; at the same time only inconvenience can be caused by chang- 

 ing it after nearly 80 years. The proposal may, therefore, be submitted 

 for the vote of the Commission. 



On basis of the foregoing premises I recommend the Commission 

 adopt as its Opinion the following: 



The name of a species is not disqualified merely because the author 

 included in his conception bodily parts of more than one species. 

 The name of a genus based on such a species is therefore available. 

 Otarion diffractum Zenker is valid. Otarion is to be preferred to 

 Cyphaspis, and C. buruicistcri Barr. is a synonym of 0. diffractum. 



Opinion prepared by Commissioner Bather. 



Opinion concurred in by 14 Commissioners: Apstein, Bather, 

 Handlirsch, Hartert, Horvath, Jordan (D. S.), Jordan (K.), Kolbe, 

 Loennberg, Monticelli, Skinner, Stejneger, Stiles, and Warren. 



Opinion dissented from by no Commissioner. 



Not voting. 2 Commissioners : Dautzenberg and Hoyle. 



Commissioner Stejneger states : " I object, however, to the inclu- 

 sion of the paragraph on page 25 beginning ' Another kind of diffi- 

 culty,' etc., as well as the next one ending with the word ' unjusti- 

 fied.' The very fact that ' no such plea was raised ' shows that the 

 whole argument is at best superfluous. Opinions on cases not specifi- 

 cally submitted should be avoided on general principles." 



