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(104-105) Two Proposals on "Errors of Bibliographic Citation" Author(s): Werner Greuter Reviewed work(s): Source: Taxon, Vol. 47, No. 4 (Nov., 1998), pp. 915-918 Published by: International Association for Plant Taxonomy (IAPT) Stable URL: http://www.jstor.org/stable/1224210. Accessed: 02/06/2012 01:37 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at. http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. International Association for Plant Taxonomy (IAPT) is collaborating with JSTOR to digitize, preserve and extend access to Taxon. http://www.jstor.org

TAXON 47 - NOVEMBER 1998 915 (104-105) Two proposals on "errors of bibliographic citation" Werner Greuter' (104) Reword Art. 33.3, to read. "33.3. Errors in the citation of the basionym or replaced synonym, including incorrect author citation (Art. 46), but not omissions (Art. 33.2), do not invalidate publication of a new combination or an avowed substitute." As explained below, this rewording would restore the pristine meaning of the present provision, which has never been changed deliberately by a Congresss decision. If the proposal is accepted, Art. 33 Ex. 6-7 will either have to be deleted or, much preferably, shifted to a new position as proposed hereunder. (105) At the end of Art. 33.4, add "(but see Art. 33.4bis)"; add a paragraph after Art. 33.4, followed by the present Ex. 6-7 suitably reworded (other possible examples are mentioned in the comments below): "33.4bis. In any of the following cases, reference to a work other than that in which the basionym or replaced synonym was validly published is treated as an error to be corrected, not affecting the valid publication of a new combination or nomen novum published on or after 1 January 1953: "(a) when the name cited as basionym or replaced synonym was validly published earlier than in the cited publication, but there is no reference to such earlier validation in the publication cited, in which the conditions for valid publication are fulfilled independently; "(b) when the failure to cite the place of valid publication of the basionym or replaced synonym is explained by the later nomenclatural starting point for the group concerned, and in particular by the backward shift of the starting date for some fungi; "(c) when an intended new combination would otherwise be validly published as a (legitimate or illegitimate) nomen novum; or "(d) when an intended new combination or nomen novum would otherwise be the validly published name of a new taxon." At present there is an unresolved conflict in the Code between the provisions of Art. 33.3 and 33.4. The historical background of this conflict is as follows. The precursor of the present Art. 33.2 first appeared in Art. 42 of the Stockholm Code, following acceptance of a proposal by Fosberg (in Brittonia 7: 21. 1949). It stipulated, as a condition for new combinations to be validly published on or after 1 Jan 1953, that "the basonym (...) is clearly indicated with its author and the place and date of publication." The Paris Congress only accepted one change to this ("basonym" to become basionym), but the last words, in the Paris Code (Art. 32), were editorially modified to "... with a full reference to its author and original publication" (no change of meaning being intended). The present wording goes back to a proposal by Deighton (in Taxon 7: 264. 1958), making the provision (now in Art. Botanischer Garten & Botanisches Museum Berlin-Dahlem, Freie UniversitUt, Kbnigin-Luise-Str. 6-8, D-14191 Berlin, Germany.

916 TAXON 47 - NOVEMBER 1998 33) more precise and more stringent (the reference had now to be "full and direct... with page or plate reference and date") while extending it to cover nomina nova as well. Since then, the only change was definition of the meaning of "page reference" in a footnote (now Note 1). Art. 33.4, making it clear that Art. 33.2 really means what it says when referring to "basionym or replaced synonym", got into the Code at Montreal, also upon a proposal by Deighton (l.c.). It was editorially upgraded from a Note to a provision in the Leningrad Code, but remains unchanged as to wording. Art. 33.3 first appeared in the Stockholm Code as Art. 42 Note 2, with almost exactly the present wording (only the reference to "forms of author citation" and inclusion of nomina nova being later additions; and "Bibliographic errors of citation" having been editorially changed to "Errors of bibliographic citation" after Berlin). This is the edited version of a proposal from the floor by Stearn, which reads: "An error of citation resulting from a misprint or the author's ignorance of the precise date of publication does not, however, invalidate the transfer or new name" (see Regnum Veg. 1: 499. 1953). So the original meaning of "Bibliographic errors of citation" is clear and quite restrictive, but it became blurred and distorted subsequently to remedy perceived drawbacks of a strict application of the main provision. The change came about innocently, by the proposal of an example (McVaugh in Taxon 17: 460. 1968), without comment, which the Seattle Congress referred to the Editorial Committee without discussion and which was incorporated into the Seattle Code. This example, concerning Echinochloa muricata, was in fact doubly inappropriate: it dealt with a combination published long before 1953 and thus unaffected by the provision in question (then Art. 33 Note 2), and had it been relevant it would have been in direct conflict with the provision in Note 1. Laundon (in Taxon 26: 575. 1977) suggested to remedy to the first incongruence by editorially replacing the Echinochloa example by the present Trichipteris example (Art. 33 Ex. 6) which had been discussed at some length by Nicolson (in Taxon 24: 461-463. 1975), and the Editorial Committee took up that suggestion when preparing the Leningrad Code, thus exacerbating the inconsistency. A later Editorial Committee, working on the Sydney Code, introduced the Lasiobelonium example (Art. 33 Ex. 7) to please mycologists, further stretching the interpretation of (present) Art. 33.3 at the expense of 33.4. All this tampering with the application range of an extant provision through nonvoted examples was not done without good reasons. Strict application of the rules, not so mitigated, would have very undesirableffects in many cases. Only, avoiding this in the way it has been done is not only inelegant but results in great uncertainty over the application of the competing and conflicting provisions. This has long been realised. The Berlin Congress, in particular, was faced with no less than 8 partly overlapping and conflicting proposals concerning "bibliographic errors of citation", and wisely decided to establish a Special Committee on Bibliographic Errors of Citation to have matters sorted out (see Taxon 37: 442. 1988). Sadly this Committee never came to function and produced no report to the subsequent Congress. The alternative pair of proposals (251A and B) by Taylor & Brummitt (in Taxon 35: 838-839. 1986) and their rationale illustrate the situation exceedingly well. One of their proposals would have restored the pristine ruling in all its hardness, a ruling at the same time clear cut, sharp as a razor, and extremely destabilising. The other would have made for flexibility and maximum preservation of current usage, but would have introduced such a rubber concept as "good faith" into the Code.

TAXON 47 - NOVEMBER 1998 917 What I am now proposing tries to cover the "good faith" aspect by enouncing precise criteria, as in clauses (a) and (b); and in addition, by clauses (c) and (d), to deal with a supplementary need: to avoid that names intended as new combinations must be accepted as names of new taxa or as nomina nova (with consequent loss of priority, and perhaps legitimacy). Another proposal in this same issue of Taxon (on nude combinations, by Zjilstra & Brummitt) addresses the same concern for the case of pre-1953 combinations. I am reluctant to propose so complicated a rule to replace a formerly "simple" provision, but I have failed in my search for a more elegant and concise solution. The proposed ruling may still require refinement as more cases become known, but should cover most of the obvious needs for the time being. Let me briefly explain how the it would operate, by means of concrete examples. In the Trichipteris example now in the Code (Art. 33 Ex. 6), the name Alsophila kalbreyeri was independently published twice as an avowed substitute, based on the same type. There is no reference in the later publication (Christensen 1905) to the earlier (Baker 1892). Therefore it was in "good faith" that Tryon in 1970 based his new combination Trichipteris kalbreyeri on the wrong (later) "basionym" - which would be declared a correctablerror under clause (a), as it is now in the Code. The Saxifraga example quoted by Taylor & Brummitt (l.c.) is similar, but there it is the same new species that was published twice by the same author, again without cross-reference. Therefore Webb can well be excused for having referred to the later S. albarracinensis when publishing S. dichotoma subsp. albarracinensis, and his combination, under clause (a), can stand. Koyama in 1956 (see again Taylor & Brummitt, l.c.) had no such excuse when he based his intended new combination "Machaerina iridifolia" on the combination Cladium iridifolium (Bory) Baker 1877 rather than on Scirpus iridifolius Bory 1804, as the latter was duly cited by Baker. Had there been a Latin description or diagnosis in Baker's book, Koyama's name would be valid (no type designation was required in 1956) and the basionym reference correctable under clause (d), but - tough luck - Baker's descriptions are in English. A similar situation obtains with the Sulcorebutia example presented by Rowley (in Taxon 29: 342. 1980) where the author of the intendend new combination "S. ambigua ", Brandt, quoted the purported basionym in the form "Weingartia ambigua (Hildm.) Backeb.", thus acknowledging that he was conscious of its being a recombination. Here, clause (a) cannot apply and the combination remains invalid under Art. 33.4; it is already so listed in Index kewensis. Not always is perfect "good faith" rewarded under the proposed provision - but such is life. I can report an example from my own mill. When I proposed "Astracantha sicula (Raf.) Greuter" (in Willdenowia 15: 425. 1986), I was well aware of Rafinesque's (Caratt. Nuov. Gen.: 72. 1810 [after 1 Apr]) crediting the purported basionym, Astragalus siculus, to "Biv. Gior. di Pal. n. 4", but this was a bibliographically mysterious item that nobody seemed to have ever seen, with no date or page being known, so I did not feel justified to cite it in "good faith". I was wrong. I now have the protologue in photostat, in an unpaged newspaper called Giornale politico e letterario di Palermo, No. 4 being dated 22 Jan 1810. My combination cannot be maintained under (a), nor does (d) help as Rafinesque's description is in Italian and I indicated no type. The publication was validated by Reer & Podlech (in Mitt. Bot. Staatssamml. Mtinchen 22: 544. 1986) who credited the basionym to

918 TAXON 47 - NOVEMBER 1998 "Biv. Giorn. Palerm. no. 4. 1804", where the omission of page is justified as there is no pagination, and the wrong date is correctable under Art. 33.3. To finish, the Lasiobelonium corticale example now in the Code (Art. 33 Ex. 7) is a perfect illustration of both aspects covered by clause (b). When Raitviir proposed this new combination (in Scripta Mycol. (Tartu) 9: 106. 1980), the nomenclatural starting date for most fungi, and all ascomycetes, was 1 Jan 1821, the legal date of vol. 1 of Fries's Systema. Although later volumes of the Systema had a privileged status, for nomenclatural purposes the intended basionym, Peziza corticalis, was not validly published in the Systema, where it appeared in vol. 2 published in 1822, but in the first post-1820 publication which happened to adopt the name, which we now believe was the second edition of M rat's Nouvelle flore (9-15 Jun 1821). Under a restrictive interpretation of the rule, Raitviir's combination would thus have been invalid already when it was published in 1980, although our clause (a) would have saved it (there was of course no reference to M6rat in Fries's Systema). But worse, the Sydney Congress in 1981 shifted the fungal starting point back to Linnaeus, and this with retroactive effect. Peziza corticalis thus "became" validly published in Persoon's Observationes in 1796, and Fries did refer to that work in 1822. This means that, but for the proposed clause (b), Raitviir's combination, and with it hundreds of widely accepted pre-1981 combinations in fungi, would have become "devalidated" - which was certainly not in the mind of the Sydney Congress when it accepted the fungal starting-point proposal. In summary, the proposed new provisions would I believe achieve three things: they would eliminate the present conflict situation between Art. 33.3 and 33.4 and consequent uncertainty over the application of the rules; they would save most if not all post-1952 new combinations and nomina nova presently threatened by invalidity without opening wide the doors for combinations generally considered invalid; and they would do so in a spirit of fairness toward those who, when erring, did so in perfect good faith.