l6 SMITHSONIAN MISCELLANEOUS COLLECTIONS VOL. 73 



OPINION 96 



Museum Boltenianum 



Summary. — The Commission accepts the Museum Boltenianum 1798 as 

 nomenclatorially available under the International Rules. 



Statement of case. — Dr. C. Tate Regan of London submits the 

 following case for opinion : 



Are the names in the Museum Boltenianum to be accepted? 



Museum Boltenianum is the title of a catalogue of the shells, minerals, and 

 objects of art collected by Dr. Bolten. It was printed in 1798, after his death, 

 by his family, who wished to sell the collections. Failing in their object to 

 sell the collections as a whole the catalogue was reprinted in 1819, when the 

 title-page states it is a catalogue of the shells, minerals, etc., which will be 

 openly sold by J. Noodt on April 26 at 10 o'clock in the morning. 



Bolten had his own system of nomenclature of shells and to make his names 

 intelligible to intending purchasers one Roeding was employed to add the 

 names in Gmelin's Edition of Linnaeus. 



There is no author's name on the catalogue. No indication that it was 

 published, or sold. 



It was, in fact, a sale catalogue, doubtless distributed to likely purchasers, 

 but without other circulation. 



Opinion 31 seems to apply. 



Discussion. — In Opinion 51 the Commission has frankly admitted 

 the extreme difficulty of clearly defining the word " publication " and 

 it has expressed the opinion " that in some cases it is an easier matter 

 to take a specific paper and decide the individual case on its merits, 

 than it is to lay down a general rule which will be applicable to all 

 cases." 



The Museum Boltenianum has been discussed by Wm. H. Dall in 

 Ptiblication 2360 Smithsonian Institution (copies herewith submitted 

 to memlDers of the Commission) which is herewith made a part of 

 Opinion No. 96. 



The Secretary has submitted the case again to Dr. Wm. ?I. Dall 

 and to Dr. Paul Bartsch, specialists in conchology. Dr. Dall has not 

 changed the opinion he expressed in 191 5 and he reports to the 

 Secretary as follows : 



It was not a sale-catalogue in tlic ordinary sense of being made for the 

 purpose of selling, and the additions of Roding were a labor of love. 



Boltcn's names have been adopted by all first class workers in conchology, 

 and I know of only one man, a German, who objects to them. 



Since they are practically in universal use, any action invalidating them 

 would be a calamity. 



