VOL. 2.
ALBANY, OREGON, SATURDAY, SEPTEMBER 3, 1S70.
NO. 52,
PUBLISHED EVERT SATUEDAr IT
COL.L,. VA1V CLEVE.
rvica ON corsie or rtitiiT asd i-irst-sts.
TERMS IN ADVANCE.
OnaYear Three Dollars
Six Months Two Dollar
Singla Copies Ten Cents
ADVERTISING RATES.
Transient advertisements per Square of ten
line or less, first iasortioa, $2 ; each subsequent
Insertion, $1.
Larger advertisements Inserted on the most
. iberai terms.
JOB WORK.
. Having received new tv penstock of colored
Inks, card, a Gordon Jobber, etc., we are pre
pared to execute all kinds of printing in a better
manner and fifty per cent, cheaper than ercr be
fore offered in this city.
Agonta for the Xtcgistor.
1 The following gentlemen are authorized to re
ceive and receipt for subscription, advertising,
etc., for the Register :
HIRAM SMITH, Esq ..Harrisburg.
Judee S. II. CLACGUTOX Lebanon.
PETER HUME, Esq .Brownsville
-W. R. KIRK. Esq
K. K. WHEELER. Esq Scio.
T. H. REYNOLDS, Esq Salem.
Geo. W. CANNON', Esq Portland.
L. P. FISHER, Esq 'Frisco.
BUSINESS CARDS.
J. C. MENDENUALL,
rv otar y I nblic,
ALBANY, ::::::: OREGON. .
LEGAL INSTRUMENTS O? ALL KINDS
made and attested. Conveyances and col
lections attended to. 36-'"0
L. STRUCKMEIER & CO.,
.TIEKCUAIVT TAILOIW,
ALBANY, OREGON.
KEEPS ALL KINDS OF FINE CLOTH.
Suits made to order, in the most fashion
able and approved stvlcs.
46y L. STRUCKMEIER & CO.
J. 'V. Bentley.
GENTLEMEN'S BOOTS MADE TO ORDER
on sLort notice, and with neatness and dis
patch. j?B- All Rinds of Repairing Cone.
Albany, June 11, 1370 40
I. II. RICE, .71. I.,
PHYSICIAN AND SURGEON,
Albany, - - - - - . Oregon,
FFICE ON THE SOUTH SIDE OF MAIN
Street.
Albany. April '70.-Z2 .
PORTLAND CARDS.
S. T. RUSSELL,
Attorney at Law,
C. P. FERRY,
Notary Public.
RVSSELL & FERRY.
Real Estate Brokers & Collecting: Agents,
Portland,
- Oregon.
SPECIAL ATTENTION GIVEN TO THE
Sale of Real Estate, Real Estate Litigation,
and the Collection of Claims.
Office. North-west corner of First and Wash
ington Streets, Portland, Ogn. feb 6-70- 5
GEO. NOAH.
JAKES MORRISOX.
INTERNATIONAL HOTEL.
formerly New Columbian,
Corner Front and Morrison streets,
PORTLAND, OREGON,
JVoah & Morrison, Proprietors
Free Coach to and from the House.
3. D. SMITH.
THE
GEO. B. COOK.
OCCIDENTAL.
Western Hotel,
Corner First and Morrison streets,
Portland, Oregon.
Messrs. SMITH A COOK have taken this
well known house, refitted and refurnished
it throughout, built a large addition, making
thirty more pleasant rooms, enlarged the Dining
and Sitting rooms, making it by far the
Best Hotel lu Portland.
A call from the traveling public will satisfy
them that the above statements are true.
SMITH A COOK. Props.
N. B. Hot and cold Baths attached to the
house for too benefit of guests. 50
Portland, August 15t.h, IS69.
A.TimtIC AA EXCHANGE,
coKjEn or
front and Washington Streets,
PORTLAND, OREGON.
X.. P. W. Qaimby, ... - Proprietor.
(Late of the Western Hotel.)
o
THIS HOUSE is the most commodious in the
Stato, newly furnished, and it will be ths
endeavor of the Proprietor to make his gueste
comfortable. Nearest Hotel to tho steamboat
landing.
3tfir The Concord Coach will always be fout
at the landing, on the arrival of steamship; ar
river boats, carrying passengers and their ba
gaee to and from the boats free nf charge.
Uouee tirpplieil icith Patent Fire Extinguiehcru .
COSMOrOLITAX HOTEL.
(rOBMEBtf .ARaiOOSl'?,)
Front street s s ' : Portland, Oregon.
ADVERTISEMENTS-
BUILDERS, ATTENTION !
SASH, BLIND AND DOOR
FACTORY!
S. R. ALTBOCSE. S. WRIGHT. i. T. BACKEMSTO.
aij iiol.si: & CO.,
LVOJT STREET, (OK THE BIVER BASE),
ALBANY, : : : OKECOX.
KEEP ON HAND A FULL ASSORTMENT,
and ae prepared to
Xxxi-nisli to Order,
Doors,
Blinds,
Sash,
and
such as
Crown, Panel, Band, and Section Mold
of all sizes.
WINDOW AND DOOR FRAMES I
Flooring,
Siding,
and all other kinds of
Build ins Material !
Are prepared to do MILL WORK ; furnish Sha
ker Fans, Zigzag Shakers, Suction Fans. Driving
Pulleys, of any kind, at onr Factory on Lyon
street, (on the river bank), next below Markbam's
warehouse.
AITHOUSE & CO.
Albany, February 0, 1869- 4
BLACKSMITH INC !
PLOWS! PLOWS! PLOWS
NEW TO-DAY.
IMPORTANT
TO THE
INSURING PUBLIC !
ALARMING MORTALITY!
Within the past three years, mix of the local
Insurance Companies of San Francisco, repre
senting a capital of over $2,000,000, suspended
tho first four during the low rate war of 1867 and
1SC8 the last two during the past few weeks.
Six out of Twelve
in less than three years is an alarming record of
mortality, and should suggest to the insuring pub
lic the propriety of avoiding experimental, inex
perienced, aad low rate Companies, and patroniz
ing the old established, conservative, wealthy, and
prudently managed corporations of the solid and
permanent order.
A. WHEELER,
IV o t n i- .v Public
BROWNSVILLE. OREGON.
TnKvyiEU3ia:?ZD. having pur- j
ch&detl this well kuowu Hotel, aro now pre- j
pared to offer the traveling public better accoin- ,
inodations than can be touud elsewhere id the i
citv.
!
riinE undersigned gives notice to the gencrul
I public, that be is now manufacturing the
Galcbm Patent Plow !
and auy other stylo of plow that may be ordered.
Also, particular attention paid to
Wagon Making' and Ilorae-ahoelng.
Wagons for sale at my shop at $140 and $160.
Horse shoeing as follows : Cash, $2 ; credit, S3
All work entrusted to me will receive prompt
attention, and be executed in the best possible
manner with good material. A share of public
patronage is solicited.
Shop on corner Ellsworth and Second streets,
opposite Pierce' Ferry. F. WOlt,
Albany, November I, I36S-II
THE OX.I
STOVE DEPOT!
i
rEOAL INSTRUMENTS OF ALL KINDS
lections attended to.
1'oard and Lodging $2 OO per day.
Conveyances and col-
irCD
J. MAIVAOA,
Attorney and ConnseUor at Law,
ALBANY, OREGON.
The Hotel Coach will be in attendance to con- '
vey Passengers and baggage to and from the j
Hotel free of charge.
J. B. SPRUNG ER. !
JOH BllIGGS,
UL.VLEK IX
o
Office Oregon A California Stage Company, E.
G, Whitebocse, Agent. tf
FFICE On Main strett, epposito Foster's
Brick. I-6
A. S. UuBois,
CONSTANTLY on hand and receiving, a
large stock of
Groceries and Provisions,
Wood and Willow Ware, Tobacco, Cigars, Con
fectionery, Yankee Notions, Ac, Ac., Wholesale
and Retail, opposite R. C. Hill A Son's drug
store, Albany, Oregon. jo40'70
. ,
Hiltabidel &. Co., j
fEALER3 IN GROCERIES AND PRO-!
fl visions, Wood and Willow Ware, Confec
tionery, Tobacco, Cigars. Pipes, Notions, etc.
Min street, adjoining the Express office, Albany,
Oregon. j
E. A. Frceland,
DEALER IN EVERY DESCRIPTION OF
School, Miscellaneous and Blank Books,
Stationery, Gold and Steel Pens, Ink, etc., Post
i.ffice Building, Albany, Oregon. Books ordered
from New York and Saa Francisco. I
NEW ADVERTISEMENTS.
jFHOJIAV IH ILI)I(;s.
WHEAT AND FLAX-SEED DEPOT.
CLEANING and HOISTING capacity
IO.OOO Bushels per Day Z
A share of patronage solicited.
45'TO E. CARTWRIGIIT.
The highest eah price paid for beat.
LADIES' EMPORII.TI.
J. a. MITCHELL.
1. X. DOLPH.
Mitchell, Dolph t Smith,
4 TTORNEYS axd COUNSELLORS at LAW,
.'V Solicitors in Chancery and Proctors in Ad
miralty. Office over the old Post Office, Front
street, Portland, Oregon. I
JABXSS A. WARNER,
Civil Engineer Sc. Surveyor.
IS PREPARED TO DO SURVEYING AND
Engineering. Uses improved Solar Compass.
Order by mail promptly attended to. Residence
on 4th St., opposite Dr. Tate's residence, Albany
Orogoa. nI9-6m
POWELL. L. pr.IS3l.
Powell Ac Flinn,
4 TT3RNEYS A COUNSELLORS AT LAW
and Solicitors in Chancery,
(! Flinn, Notary Public,)
Albany, Oregon. Collections and conveyances
promply attended to.
MRS. A. J. DUNIWAY,
DEALER IN
Fashionable MiltoHad Fancy Goods.
Follows Dress and Cloak Making in all
their varied branches.
BLEACHES AND PRESSES STRAW GOODS
In Latest Style and best manner.
o
STA3IP rOR BRAID AND EMBROIDERY.
Corner First and Broadalbin streets, Albany,
Oregon. janlnl7-70
I STOVES, COOK, PARLOR & BOX.
of the beat patters- '
ALSO
Tin, Sheet Iron and
Coppor Ware t
and the usual assortment of Furnishing Goods t
be obtained in a
i 1?JL1SV STOR33 1
JSB- Repairs neatly and promptly exreuted,
aSr- on reasonable terms. "tE
"Short reckonings, make long friends."
wmmm?
JUSTLY TAKES RANK AS THE
LEADING AMERICAN'
JPire Insurance Co.
Their contracts are endorsed by cash assets
exceeding
$1,700,000.
Their business i3 managed by underwriters wh4
have no superiors and but few equals in ypo Union
Their risks are small, carefully selected, and scat
tered throughout the entire United States, thus
avoiding heavy loss in the most serious conflagra
tion. Their rates are not of the guess or gamb
ling order, but are based en actual experience,
and are as low as good insurance can be furnished
at. Their losses are honorably and promptly ad
justed, and paid in gold coin without celay or s6tnbly
discount. Their agents, located at all points of vii f '.
importance, have authority to issue policies direct,
thus fcoirlipjr tb .- and delay incident to
the sub-ageucy system ; aaJ. in each and every
particular, both as regards solvency, permanency,
prudent managuinent, honorable conduct,equitable
rates, and conservative practices.
The Phoenix, or Hartford,
furnishes facilities to the injuring public unequall
ed by any other Company doing business on this
cofr&t.
R. 11. IVIACslJLL., Manager,
424 California St., San Francisco.
S..
: GEO. W. GRAY, D. S
TXTOCLD SOLICIT THE PAT-
. If ronaee of all persons desir
ing ARTIFICIAL TEETH and
FIRST CLASS DENTAL opera
tions. Nitrous Oxide administered for the rain
less extraction of teeth, when desired. Charges
moderate.
Office in Paxrish A Co.'s brick block. Resi
dence, first house south of Congregational Church,
fronting on Court House block.
Albany, Oregon, July 2, 1870-43
ST. CHARLES HOTEL,
Corner First and Washington St.,
ALBANY OREGON.
H. BRENNER, Proprietor.
WITH A NEW BUILDING, NEWLY
Furnished throughout, the proprietor
hopes to pre entire satisfaction to the traveling
public. The beds are supplied with spring-bottom,.
Tne ubIe wiu neein tho clorest
son, and everything the market affords palatable
to guests will be supplied. jan 9- I
FRANKLIN MARKET,
Iin street, - Albany, Oregon.
Fleats . of All Kinds,
ASSt
OF THE VERY BEST QUALITY,
Constantly on band.
30 c O. 8. HAIGHT.
C. MEALEY
DEALER IN A MANUFACTURER OF
PUHNITUHE !
and
CABINET WARE !
13 eddingf, Etc.,
Corner First and Broad Alb in streets,'
ALBANY, OREGON.
rront street Albany.
Next door to Mansfield A Co.
dcc5'68-I
Plrel Flro! Plre!
Policies Issued and Renewed Direct by
l. FTXSX, Agent,
ALBANY, OREGON.
jy2'70-13m3
SPRING AND SIMMER STYLES.
"A Stitch in Time Saves Nine!"
TJiaTON
Fire ana Marine Insurance Compny!
Nos. 41S and 418, California street,
San Francisco, ... California.
STOCKHOLDERS INDIVIDUALLY LIABLE
CUSTOM MADE CLOTHING.
CHEVOIT SUITS,
WHITE DUCK SUITS,
CASTOR BEAVER SUITS,
Heavy Canvas Hunting Coats,
White Marseilles Vests,
Figured Marseilles "Uests,
Furnishing Goods of all Kinds
and a great variety of other
NEW AND SEASONABLE GOODS.
r ARTICULAR ATTZKTIOV rAIS TO
ORDERS OF AX.X. HINDS
in his line.
October I86S-8
rUIlJIIlfG. - - TUBIIIG.
CO
Ji
-3
3
H
w
f
CO
I AM. PREPARED TO DO
ALL KINDS OK TURNING 1
I keep on hand and make to order
RAWmOE-BOTTOIOED CHAIRS,
AB
Spinning Wheels-
Shop near the "Mapnolia Mills."
JOHN M. METZLER
Albany, Nov. 8, I8-I
Casb Capital, In Gold Coin, T50,000.
Deposit in Oreg-on, 950,000.
Losset Promptly and Equitably Adjusted
And Jraiu in OoM (join.
THIS COMPANY having complied with the
laws of Oregon, by making a deposit of fifty
tnouaana aoiiars, u now preparea to enect insur
ance against Loss or Damage by ire, and also
against Marine and Inland Navigation risks, on
liberal terms.
GCSTAVE TOL'CHARD, Pres.
CHAS. D. HAVEN, Sec'y.
J. C. MEDIOENBAU,
Agent for Albany. .
Albany, January 8, 1870-18
THE EYES I THE EARS I
Dr. T. Is. GOITDEX,
OCULIST AND ATJRI T,
: : : OREGON.
ALBANY.
PUt. "FR- yjEN IS A BON OF THE
CxSt -" noted old Opthalmic Doctor, S. C.
$2' Golden.
Dr. GOLDEN has had experience in treating?
the various diseases to which the eye and ear are
subject, and feels confident of eivinz entire satis
faction to those who may place themselves under
cis care.
Albany, April 10, 1809-31y
If yon want the very best CasrvET Pao
TOORAPBS, you must call on BRADLEY A
BCXOFSON, 429 Montgomery street, San Fran
cisco. 6 em
We are prepared to offer to the public the lar
gest and BEST SELECTED stock- of Clothing
of our own manufacture, ever brought to Portland,
and at prices that DEFY COMPETITION.
TTM. CURRIER A CO..
jy2-43-3m 103 Front-st, Portland.
sAar r it a a Cisco store:
CORKER FIRST ASD FERRT STREETS,
ALBANY OREGON.
Keeps constantly on hand a full assortment of
DRY GOODS, GROCERIES, CLOTHING.
Boots, Shoes, Hardware at Crockery,
and a full supply of Ladies'
FmnisMiig EmDroidery, Fancy Goods, &c.
also, a stock of
THE BET LIQUOR!
for Medicinal purposes only.
Always on band a large stock of
Box, Cooking and Parlor Sto?es !
and manufactures all kinds of
Tin, Copper and Sneet-Iron Ware,
all of whieh are offered at the lowest rales for
CASH K COUNTRY PRODUCE I
All kinds of repairing done, on short
notteeTand entire satisfaction warranted, at my
Stove and Tin Store.
JULIU? GBADWOHL.
Nov. 0-11
B
LANK Deeds. Mortgages, ew., n
latest styles, ana ior e -
JUDGE BOISE'S DECISION HT THE
WHITNEY-JOHNS CASE
Slate of Oregon on the Relation of John J.
Whitney vs. Smith A. Johns.
OPINION OF TIIE COURT.
Statement of the Case. In June,
18G6, one Morris was elected County
Judge of Linn county, and duly quali
fied, and entered on the discharge of the
duties of the office. In September, fol
lowing his election, Morris died, and
the Governor appointed E. R. Geary to
(ill the vacancy in tho o'iico occasioned
by the death of Morris. At the gener
al election in June, 1868, Smith A.
Johns, the defendant in this case, was
elected aod qualified and entered orr-the
discharge of the duties.of the office, aqd
has continued in the cifice uatH tliii
time. ,i - - '
In June, 1870, John J. Whitney, the
relator in this case, was elected and now
claims that he is entitled to the office.
Plaintiff claims that Section 11, Art.
7. of tho Constitution of this Stute fixes
the term of the office of County Judge
at four years; and that if the incum
bent dies, or the office become vacant by
any means, that the person appointed or
elected, during the said term (of four
years) to fill such vacancy, can only be
entitled to hold the office to the end of
such term. That is, that one term of
four years must be completed by lapse
of time before another can commence.
It is insisted by the council for the
plaintiff that elections for County
Judges in this Stato can only be held
quadrennially; that when the electors
have chosen a County Judge, at a gen
eral election, they have uo power to
choose again until the term of lour years
has expired ; that if a vacancy occurs
during the continuance of the term, the
Governor can fill the vacancy by ap
pointment for the remainder of the term,
even though such appointment shall ex
tend beyond a general election.
I will first consider this que.stiou and
its determiuatiou depends on the con
struction of certain clauses in' our State
Constitution. Section 11, Art. 7, pro
vides: ''There shall be elected in each
county, for the term of four years, a
County Judge who shall hold the Coun
ty Court, at times to be regulated by
law." This directs the manner of their
appointment. Section 16, Art. 5, pro
vides: "When during a recess of the
Legislative Assembly a vacancy shall
happen in any office, the appointment to
which is vested in the Legislative As-
or when at any time! a vacancy
shall have occurred in any State office,
or io the oftiee of Judge of any Court,
the Governor s-hall fill such vacancy by
appointment, which shall expire when a
successor shall have been elected and
qualified." j
The question is : can a successor be
elected and qualified during tho term of
four years for which Morris was elected
in 1806, or was Mr. Geary, the appointee
of the Governor, entitled to tjie office
for the full unexpired term? In this
State, by Section 14, Art. 2, of the Con
stitution, ''general elections shall be
held on the first Monday in June, bien
nially." A "general election" provides
for filling all offices which the people
may fill by election, aad embraces every
elective office in the State not otherwise
provided for by the Constitution or laws
consistent therewith. Sec. 11, Art. 7,
provides for the appointment of County
Judges by election. Section 14, Art. 2,
fixes the time when such election shall
be held. And when any officer is elect
ed for a term of years, which term ex
tends beyond two years, (the period be
tween the general elections) and the of
fice to which he is elected becomes va
cant, the power to fill such vacancy de
volves on the original appointing power
(the people) unless they have delegated
that power on some other authority. In
this case it is claimed that the Governor
has that power delegated to him by Sec.
16, Art. 5, which provides :j 'The Gov
ernor shall- fill such vacancy by appoint
ment, which shall expire when a success
or shall have been elected and qualified."
Why. are these words used, ''shall expire
when a successor shall have been elected
and qualified '(" The term; of the ap
pointee of tho Goverrfbr must, on the
theory of the plaintiff, expire at the end
of the term of four years from the time
tho deceased incumbent was elected, and
they were not used to prevent an inter
regnum after the expiration of such
term, for that is fully provided for in
Sec. 1, Art. 15. j
These words havo no significance in
this place in the Constitution, unless
they are intended to limit jthe term of
the appointee of the Governor to such
time as tho vacancy in the ioffico can be
filled by election. I
The people of Oregon by their Con
stitution made their judiciary election
and onlv iravo the executive power to
fill temporary vacancies which should
occur between the general elections.. If
the people had intended to part with
this power of appointing County Judges
they would have so expressed it. It
cannot bo inferred. No inference or in
tendment is ever presumed against the
sovereign. Such is the universal rule
of construction of statutes, for they
emanate from the sovereign power,
which, in this State, is tho people
They appoint the Executive and he
only acts by delegated authority, and this
authority cannot be presumed beyond the
express words 6t the grant. . Ana i minx
the power in thb case only extends to the
filling a vacancy until the next genera
election, when, the people can regularly
exercise their authority in electing officers.
I think it is not reasonable to presume
that, where the people have reserved to
themselves the appointment of an officer,
they would confer on the Executive the
filling of a vacancy in the office that would
extend the time of the appointee beyond
a general election, and deprive the whole
people of a county from electing their
own local officer, when they could fill it
as conveniently as they appointed the
original .incumbent.
If it wero not for section 16 of article
5 of the Constitution, I think there would
be no pretense but what in case of a
vacancy in the office of County Judge, it
could be filled at the next general election, i
because it is a political axiom that when
an office becomes vacant the power that
made the office and filled it, can fill it'
again unless they have delegated thai
authority to some other power. If they
have surrendered that power , it should
be by express and unequivocal words.
The words are: "The Governor may'
till the vacancy until a successor is elect
ed." Vacancy in ' ap -'office means the
want of an incumbent t tlio tunew It
has no. reference to duration of time, and
the appointment of a person to fill a
vacancy pro tempore docs not invest him
with a full term unless the law so ex
pressly provides. Vacancy in an office is
one thing, and term is another. An office
may be vacant and filled many times dur
ing a term of four years. I am therefore
of the opinion that the appointment of
Mr. Geary continued only until the next
general election after. his appointment,
and until-his successor was elected and
qualified.
Tho second position taken by the plain
tiff is that the term of a County Judge is
four years ; and that when in any county
a judge is elected and dies, or a vacancy
ocours in any way, that it is a vacancy
extending to the end of the term ; that
the word vacancy means an interreguum,'
a hiatus of dufiuite duration, that is to be
filled by the appointing power, and that
whoever is appointed or elected to fill
that vacancy can only hold to the end of
the term of four years from the time of
the election of the original incumbent
whose default has made the vacancy. I
will now proceed to discuss this positiou.
The Constitution of the State declares
that there shall be "elected iu each county
for the term of four years a county judge.
It does not say iu this section when the
judge shall be elected, and in the absence
of any provision to the contrary he must
be elected at the general election when
all vacant elective offices are to be filled.
I have already expressed the opinion, in
considering a former part of this case,
that the proper construction of the Con
stitution is that at a general election a
county judge may be elected in any
county where that office is vacant, or the
term of an incumbent is to expire at such
election. Iu a new county he would be
elected at the first general election after
the county is organized. If be or
resigu or the office in any way becomes"
vacant, then the term is ended. The
word term, as applied to county judges,
confers the right to hi Id four years on
the person elected, and was not intended
to establish distinct quadrennial periods,
extendiug through future time, which
must each be ended by actual lapse of
time before a new term could commence.
I think the term attaches to the person.
That when a county judge is elected he
has a franchise for four years provided
he continues to exercise it. If he resigns
he yields up vthe franchise to the power
who conferred it on him, and the people
may elect a successor, which confers the
franchise on him, and there is no inhibi
tion to his holding it for four years ; and
county judges may be, and are, elected
in some of the counties of tho State,
every general election.
, The object of the term of four years,
was to secure experience and independ
ence in the judge, by avoiding too fre
quent changes. And this will be best
secured by adopting
ject. And 1 tbiDk it
such was the manifest intention of the
framers of the Constitution, and is the
natural construction of . the language of
the instrument.
In the State of New York, in a case
similar to this, where the Constitution of
that State provides that the Register of
the city ol New lork shall be chosen by
the electors once in every three years'and
as often as vacancies shall happen, it has
been held that where a person was elected
Register, and died or resigned, or the
office became vacant for any cause, the
person who was elected to fill such vacancy
could hold the office for a full term of
three years and beyond ageneral election.
See Coutant vs. The People, 11 Wend.
R. 512; also, People vs. Green, 2 Wend.
267. These cases are identical in prin
ciple with the case at bar, and I think
such is the proper construction of our
Constitution.
Taking this view of the case, therefore,
I 6hall hold that Johns was elected in
Juno, 1868, for the term of four years.
R. P. BOISE, J.
The railroad surveyors are coming
along 6teadily, and have been over two
weeks making a survey from the mouth
of Pit river to the ferry across the Sao
ramento, some 14 or 15 miles above. The
great difficulty in making the survey, is
on account ot the river being so crooked
with short bends. The Sacramento river
route, however, is the oest route found,
in Tact the only route on which the road
can be built reasonably. The supposi
tion of the Oregon surveyors, that the
California road will meet the boundary
line at Lost river, around the north side
of the Butte has no foundation in reality,
as a road connot be built at any reason
able expense via. Sheep Rock and Butte
Creek Valley from the. bead of Shasta
Valley. , The railroad survey will cer
tainly ran somewhere along Shasta Val
ley, very near Yrexa if not through it.
The surveyors expected to be in this vi
cinity before now, but will probable be
here during tho middle of September,
and continue their survey as straight aa
possible to the siekiyoa mountain.-
Yrcka Journal.
this view of the sub-
is apparent that
SPECIAL TO TIIE REGISTER.)
Dates to August 20 "
London, Aug. 26. A eharp engage
ment, ic which the Prussians .. were sue-4
cessful, occurred on Thursday night. A
large number of French' were wounded.
Strassburg has been incessantly bom-
barded since Tuesday, badly damaging
the citadel and the walla terribly battered.
Prussians advance . with seigo trains to
within five hundred yards of the city.
Several magazines have exploded in the
city and at tho fort, and fires have broke
out in many places. Prussian losses are
trifling.
New York, Aug. 26.-Private dis- V
catches from London thia imii-nino uv
that the are rumors at Pari of fighting, t
and it is feared that MoMahnn is defeat
ed. Official circles very ?-j,leut. The
enemy marches slowly but surely towards
Paris.
London, Aug. 26 MeMahon and
Bazaine are out of communication with
I'ans.
lfeavv fighting commenced last nitrht
at Chenace, ten miles from Montmedy,
in the direction of Vouziers.
Prussians cut the railroad between
Cauvanges and Somovilly.
Wounded were brought into Montme
medy and the gates clewed. An assault
expected soon. . :
New York, Aug. 26. La Public say
Prince Charles is marching on Paris,
and unless checked, will reach there in
six days. All the reserves have beeu
called out to defend the city.
Strassburg and Pfalsburg still hold
out against the Prussians.
Part of Steiumetz's army has joined
Prince Charles' advance on Paris.
The railroad from Montmedy to Sedan
has been destroyed at Marzon.
The Prussians attacked Fort St. Quen
tin on the 24th. r
A report via London says the Prus
sians were marching on Rheims, and were
expected there on the 24th. '
Prussian cavalry reported at Daminer
tin and Chateau Thierry, fifty miled from
Paris.
London reports say Bazaine is certainly
shut up in Metz with 60,000 men, while
he is surrounded by a Prussian force of
250,000.
' New York, Aug. 26. The TVmes'
cable from Paris says you can place no.
reliance in London journals, and expects
no news fiom this side for several days,
as grea.t strategetic movements are in
progress. The military prospects of
France are better than ever. . , .
- 'The-&ujl' cable, says Ia spite of
what Government says,' "tnere-raHrt eom
munication with Bazaine. All ' persons
without means of living, and are inter
fering with tho defense of Paris, have
been expelled.
The soldiers at Rheims, after fasting
two days, plundered a train.
Sedan, Aug. 26. MeMahon is try
ing to reach Bazaine via Montmedy and
Thionvitle, but the Prussians have cut
through to Variennea and Dun.
Berlix, Aug. 26. A fourth army,
under command of the Prince Royal of
Saxony, is forming, to co-operate with
the German army.
London, Aug. 27- Large reinforce
ments have been sent to MeMahon, whose
tactics appear to be to gather up recruits'
for the army, and with new levies to sweep
along the Belgian border, avoiding bat
tle, and effect, a junction with' Bazaine
north of Metz. If successful in this,
MeMahon will strike the Prussian line at
Stavold. This is believed to be the strat
egy spoken of in last telegrams.
The Prince Imperial is at Bethel,
twenty-three miles from Metz.
m. m . 1 )
jx Anursuay eveuiug iue
of the Prussian army were at Bar le Duo.
The advance had reached a pointy about
midway between Chalons and Chateau
Thierry. The march on Paris was to be
conducted slowly by the Prussians, as uo
further opposition was expected.
Paris, Aug. 27. The King and
Crown Prince are moving on this city by
way of Marue and Aude. They com
mit fearful pillage atd unheard of out
rages as they move along.
London, Aug. 27- A correspondent
writes from Paris that the Emperor is
actually suspended. Trochu is opposed
to Napoleon and in favor of the Orlcau
Paris, Aug. 27. A force of Prus
sians were 'seen at Sur Aube yesterday.
A detachment of Uhlars attacked the
railroad at Epernay, while others of the
main body entered the town. Some sol-'
diers of the National Guard attacked and
repulsed them, killing seventeen.
A strong column of Prussian artillery
has entered Chalons.
The garrison at Strassburg yesterday
made a successful sortie, capturing a
convoy of cattle and munitions of war.
The city still makes a successful resist
ance. v ... .,.
London, Aug. 27- Paris is terribly
excited to-day, over the story that, by
innundation recently ordered at Metz,
the whole Prussian army corps was
drowned.
Metz is completely invested. Gen.'
Bazaine 'makes no effort to force a pas
sage.
Paris, Aug. 28. Official dispatches
say that 10,000 Prussians attacked Ver
dun, but were defeated, with heavy loss,
after three boars' fight.
The Prussians are reported as falling
back to St. Dizier.
Paris journals have report of battles
An 4 Via 93j1 A ) A ile v1kAtAaaYa Alnfrh.
WU MV M AM -1 W.Mk..
ter of Prussians.
The removal of the seat of Govern
ment to Lyons is suggested, ' -:
The garrison of Vitry surrendered to
the Prussians on Thursday, with sixteen
guns, seventeen French officers aad 850
soldiers.