18g PROCEEDINGS OF THE NATIONAL MUSEUM. vol. xxxvi. 



general zoologists and palaeontologists are accustomed, without injury 

 to anyone, or the infringing of any principle except that of an 

 extreme technical construction of the rules. 



The underlying principle of the rule of priority is said, and prop- 

 erly said, to be fxifi/. Yet by insisting upon its absolute and un- 

 bending application to all cases, without regard to circumstances, 

 we may destroy the very fixity for which Ave contend. There is no 

 law more deeply rooted in the foundations of civil government, or 

 more essential to the welfare and stability of society, than that of 

 the fixity of the titles to real estate based on priority. But just as 

 that law in actual administration is subject to exceptions founded 

 upon principles of natural justice and the dictates of public policy, 

 so I think Ave may find reasonable basis for an exception to the rule 

 of priority in nomenclature Avhich Avill meet such cases as this. 



This Avould be that such names, irresi)ectiA^e of the actual state of 

 the record as to their dates, should be i)rotected under an exception 

 to the rule, simply on the ground of long use, on the doctrine of pre- 

 scription, Avhich is a princi})le Avell known in laAv, recognized in con- 

 tinental Europe as coming doAvn from the civil hnv of Rome, and 

 noAV embodied in statutes in all English-speaking countries. It is 

 that the right of property Avill be upheUl by the courts in favor of 

 one Avho can shoAV a long, continuous, and undisputed possession of 

 it, under a chiim of right hoAvever defective, notAvithstanding he has 

 no paper title, and even though the records may shoAv the prior title 

 to be in someone else. This rule of laAV rests upon the idea that it 

 is for the ])ublic interest that there be an end of controv^ersy, and that 

 there shall be some reasonable time after Avhich titles may be held 

 safe from attack on any ground. And this end Avas attained in the 

 beofinnino-, not bv deuAdng or abrogating the laAV governinii- the con- 

 veyance of property by deeds, but by invoking a simple presiun})tion, 

 founded on the known and usual conduct of men with regard to their 

 interests, that Avhere such long and undisputed possession existed 

 there must have been a good title, the evidence of which is lost. 



This principle of jurisprudence is noAV recognized throughout the 

 ciA'ilized Avorld, as one of the most salutary and beneficial provisions 

 for preventing injustice, and insuring that repose of titles Avhich the 

 peace and order of society demand. By virtue of its operation a 

 title by lapse of time merely, if properly proven under all the safe- 

 guards Avhich are prescribed in practice to prevent the abuse of it, 

 is as good in the actual possessor as a paper title shoAving priority 

 by an unbroken chain of recorded deeds. If this be true Avith regard 

 to matters of such vital importance as the titles to our landed jn-op- 

 erty, Avhy may not the same principle be invoked in favor of repose 

 and stability of names in our scientific literatm^e? It is not a ques- 

 tion of " doing justice " to any particular ancient author. The propo- 



