210 The American Geologist. October, 1893 
the relation was not at first recognized, were described as 
Carpolites brandonianvs Lesqx. in Am. Journ. Sei., vol. 
xxxn, No. L861, and figured in Prof. Hitchcock's Geol. Rep. 
of Vermont, vol. i, p. 229, figs. 111-113, 118. Later a com- 
parison of flic fossil pods with those of Jeffersonia diphj/lla 
lias evidenced the reference of these remains to this genus. 
Two of the fruits of Brandon are represented PI. viii, figs. 2, 
3, with a pod of Jeffersonia </i/i/i!///«, fig. 4, copied from 
Gray, Genera, No. 34, fig. Id. The order of the Berberidacea 
is represented by ") species in the Tertiary of France, Ger- 
many and Italy, but as yet no plant referable to it had been 
recognized by fossil remains in North America. 
Habitat, Yellowstone river, near the mouth of Powder river, com- 
municated by Prof. N. H. Winchell. 
EXPLANATION. 
Plate vm. 
Figures. 
1. Winchellia triphylla, Sp. nov. 
2, 3. Carpolithes brandonianus Lesqx. 
i. Jeffersonia diphylla Gray. 
Plate ix. 
Achlys triphylla D. C. 
Note. Among the fossil leaves sent to Dr. Lesquereux in 
1884 for description for the Geological and Natural History 
Survey, was a tine, large leaf from Montana, which had been 
donated to the University Museum by the late Col. G. W. 
('lough. There having been some delay in the publication of 
Lesquereux's report, he requested permission to incorporate 
this material in a large w r ork on Cretaceous flora on which he 
was then engaged for the United States Geological Survey. 
The description, with figures, was thus sent to Washington. 
The specimen was returned to the University of Minnesota, 
where it still is. 
Recently, when Rev. Mr. Herzer chose the same name for 
a new genus of Carboniferous tree (finally published as 
Winchellina, Am. Geol., xi, 286) inquiry was made by the 
writer, of Prof. Lester F. Ward, as to the probable future 
publication of Prof. Lesquereux's description of Winchellia, 
and as to the propriety of abandoning it and allowing the 
name to be applied to the new Carboniferous tree. Here- 
plied as follows : 
