to that variety upon which it was first publicly bestowed, and the 

 second variety must find another name. This is one of those good 

 rules which work both ways. 



As this rule is of the utmost importance, and as it is likely to be 

 appealed to much oftener in the future, we must agree as to what con- 

 stitutes priority. The rules here under consideration say that "the 

 name first publicly bestowed will be given preference." It is appar- 

 ently intended that the use of a name in the publications of the 

 American Pomological Society, or its formal recognition in the public 

 meetings of the society, shall constitute a "public bestowal." There 

 can be no objection whatever to the first clause of this statement ; 

 but it will scarcely be fair in the future to date the bestowal of a name 

 from the time of its use in the society's meetings unless the name be 

 at the same time published in the society's reports. In other words, 

 priority of name must rest hereafter on priority of publication. This 

 is the rule now universally followed by the botanists, zoologists and 

 other scientists. Their practice in this regard is in most ways a val- 

 uable model for pomologists. 



It seems to me that the principal difficulty in the application of 

 this rule to pomology will be in reaching an understanding of what 

 shall constitute a "publication." The American Pomological Soci- 

 ety's rules are extremely modest. They are made for the guidance 

 of the society, and there is no attempt to force them on any one else. 

 The horticultural public, however, must accept the publications of 

 the American Pomological Society, and the names used in their re- 

 ports may certainly be considered as published. But the American 

 Pomological Society has no monopoly of publication, nor can the so- 

 ciety refuse to accept names properly published from other sources. 

 A new variety may be exhibited at a meeting of a state horticultural 

 society, a name may be given, and the name published with the 

 description in the state society's reports. Such a publication would 

 have to be accepted, and the name would date from the publication 

 of the report which contained it. There is every reason, too, why the 



