20 SMITHSONIAN MISCELLANEOUS COLLECTIONS VOL. 73 



OPINION 118 



Scalpellum gahhl Wade, 1926, a nomen nudum 

 Summary. — The name Scalpellum gabbi Wade, 1926, is a nomen nudum as 

 of 1926, since it is definitely made dependent by its author on hypothetical 

 specimens. See Opinion 2. 



Presentation of case. — By Mr. T. H. Withers, of the British 

 Museum : 



In United States Geological Survey, Professional Paper 137 (Bruce Wade: 

 The Fauna of the Ripley Formation on Coon Creek, Tennessee), Washington, 

 1926, p. 191, an author, whose identity is uncertain, describes and figures two 

 cirripede plates under the heading " Scalpellum sp." 



Following the description is the following : 



" These two plates were not found together, and it is impossible to say if they 

 belong to the same species. Should additional specimens be obtained sufficient 

 for establishing a new species, the species might very properly be called Scalpel- 

 lum gabbi Wade, n. sp " 



A ruling on the nomenclatorial status of the name Scalpellum gabbi is desired. 



Discussion by Commissioner Bather. — This hypothetical or con- 

 ditional proposal of new names is an action that has frequently 

 received severe and v\^ell-merited censure. If it were possible to deny 

 validity to the present name a more effective check might be placed 

 on the practice. There do actually seem to be reasons for such a 

 decision. 



1. The identity of the author is uncertain. Though the author of 

 the paper as a whole is Bruce Wade, the section on Arthropoda is 

 ascribed by the table of contents and by its own heading (p. 184) to 

 M. J. Rathbun. It is quite possible for Miss Rathbun to have quoted 

 a MS. name from a label attached by the collector, Wade, in which 

 case she might have written " Scalpellum gabbi Wade." On the other 

 hand, Scalpellum is not included by Miss Rathbun in the list of forms 

 that she discusses ; her contribtition is headed " Class Crustacea," and 

 the description of Scalpellum, is headed " Class Eucrustacea," which 

 may indicate a difference; the name " Wade " may signify the author 

 of the section. In this state of uncertainty one might regard the 

 author as anonymous, but, though this presumably would put the 

 name out of court, I find no rule or opinion dealing with anonymity. 



2. The two plates, which are different parts of the test, are de- 

 scribed separately. Neither is taken as holotype ; on the contrary, the 

 writer declines to say that both belong to the same species, and there- 



