NO. 7 OPINIONS 115 TO 123 21 



fore refrains from naming either. The next sentence impHes that no 

 species can be estabhshed until further material is collected, whence 

 it follows that the holotype would be taken from that further material. 

 Therefore the name Scalpelluin gabhi is hypothetically attached to a 

 specimen not yet known, and, for all one can tell, non-existent. 

 " Names based on hyi>othetical forms have no status in nomen- 

 clature " (Opinion 2). 



3. Although the separate plates are described and figured, the 

 writer has attempted no diagnosis of a species, it being clear from 

 his own words that he could not and would not formulate any specific 

 concept. He does not even compare his specimens with any others. 



This leaves the name 6^. gahhi without definition or description; 

 and if we seek for an " indication " in the sense of Article 25a, we 

 find, as already shown, that any possible type-specimen is unknown. 

 The name is therefore a nomen nudum. 



I conclude, therefore, that as a nonicn nudum without status the 

 name Scalpellum gahhi does not come into consideration. It follows 

 that any author can use the name for any new species of Scalpelluin 

 (though stich action would be most ill-advised), also that any author 

 can give the name S. gabhi to either of the specimens figured in 

 Prof. Paper, 137, and the author so doing will then rank as the 

 author of the name. 



Summary. — In general terms: A specific name conditional on 

 specimens unknown to its author has no status in nomenclature. 



Discussion by Secretary. — The foregoing papers were referred 

 to the United States Geological Survey and to Miss Mary J. Rathbun 

 for comment with the f ollow'ing result : 



Letter from (ieorge O. Smith, Director: 



The case of nomenclature which involves the standing of the name Scalpelluin 

 f/ahbi Wade has been considered by the paleontologists of the Geological Sur- 

 vey, and they have prepared the two enclosed memoranda which show that they 

 are in essential agreement that Scalpelluin gabbi is a nomen niiduin without 

 standing. On the incidental question of authorship which has been raised they 

 are agreed that Wade is the author of the name. 



Memorandum from Miss Mary J. Rathbun : 



I did not write the description of the Scalpclhim and never saw it until it was 

 published. 



On page 184, the Order Decapoda only is ascribed to me. Apparently Mr. 

 Wade expected that whatever was not definitely assigned to a different author 

 w^ould be attributed to himself. The "Contents" on p. II (which perhaps he 

 did not make up) docs not bear that out. 



