On Tue, 14 Mar 2006 14:14:45 -0700, P van Rijckevorsel wrote
(in article ):
ICBN Art 35.4. If in one whole publication (Art 35.5), prior to 1 January
1890, only one infraspecific rank is admitted, it is considered to be that
of variety unless this would be contrary to the author's statements in the
same publication."

I am sorry, but that is not relevant. Art 35.4 is designed for those cases
where the author does not indicate which rank he is using (as in the
/Species plantarum/, where infraspecific taxa are marked by Greek letters
alpha, beta, gamma: these names are taken to be varieties). If André did
indicate that he regarded this as a forma, that is the end of it: thereby it
is a forma. It does not matter if he used varietes as well or not.
* * *

I see the problem. Indeed your interpretation seems reasonable, but it is
not what the article says, as it is worded. I will post this on Taxacom,
and perhaps that way someone will point me to a published statement about
interpretation, or at least the ambiguity will be brought to the attention
of the editorial committee of the code.

Nadia Talent

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Nadia Talent
Department of Botany, University of Toronto,
25 Willcocks Street, Toronto, M5S 3B2, Canada
Fax +1 416-978-5878
Also: Department of Natural History,
Royal Ontario Museum, 100 Queen's Park West, Toronto, M5S 2C6