Decatur Daily Democrat, Volume 48, Number 21, Decatur, Adams County, 26 January 1950 — Page 1

Vol. XLVIII. No. 21.

SOFT COAL OWNERS OFFER TO NEGOTIATE

.—fc, ' Hershey Says War Prevented By Draft Law Selective Service Head Urges Draft Low Be Extended -*.. Washington. Jan. 26 (UP) — Maj Gen Lewi* B Hershey aaUl today that exlsUttc* of a V Rdraft law prevented war la IMS and l»4» The selective service director ashed the house armed services committee. to approve • Ihroe-year extension of the otherwise »tll expire June 24 _Her*hey said the law is a peace preserver —- Committee chairman Carl Vinson. f>. Ga . has said congress would extend the law only on a standby hast* with no Inductions unless congress rives the word Today he said the president, too might he given authority to make inductions ‘under certain i-ircum-stances " tr-f.-nae department witnesses! have suggested that Mr Truman lie given this emergency power l><> cause. In event of an atomic sneak attack on the capital it might np< <■ he ptwsible to convene conge is. . .. .And Hershey told the committee. Tm not su (ten? tti»f «f>'«•.'••«! to have orderly government In a j t line of HMM?*••«< y (on. ! . .7nai»<eooiiai dOdop nienis: Cr«»p Quot»x TT»«* rul*** committee cleared a Mil to revise Icotton and peanut a< rear UUtdaa. The house will debate it tomorrow It would add afcpul j 4Qu omv acres to the cotton quota - BB|J g),*, would Inctrimr *l** l * I s— nut a. reage, — Wallace: Former vice Henry A Walls.- told the unAtnerh nn a.thi s he Irs.r -nothing (■’ 'Io merits ot atonrl. raw |(ussi....in ’ I’ IL Hmfo commefi later Fulton la-wis. Jr . had chart ed that Wallace overrode 1.l Gen lazily H TiroVes -Wartime-h' ad <*f The“T-l-mto project. toTtrwr ship-, nrents to the Soviets Wallm • aid; aav, shipments !». RJlgsA ll , iear-d by lend le.«»e' util by (11 I bard df .•.-onomb' warfare which.; Ke he.rdvaf.unt.il July. HH* Denfeld The senate m ined jut vice-, cmninitte ■ will c all' navy sec retary Francis P Matthews be-j t,oe « r<‘i -‘ fuller, ekplanato”. l ! Adm Uiuls K Denfeld’s dismissal as . hies of operations FEI’C The house rules committe • again isotpotied ‘ar tom vnr-Hie ■ fair employment • practices bill The committee showdown mayj come next Tuesday Hiss Senate Republicans de nvandcid a < ongression.il investlga-. , T*HC Te r««e F.tabt > £ Youth Killed When Auto Strikes Truck Washington Ind Jan 26. j (UP) - William R Harrell. I l ', title 11, Linton was injured fatal , |y todav when the automobile hel was driving struck a truck. In Ind ' s*. at the west edge of Odon. Harrell member of a power line , const ruction ires working at ltd , on died enroute to Davies* county bnspitsLat Washington St. Mary's River Is Over 17 Feet The St Mary's river is once again rising; and fart appj-oachlng the season's high <lf 19 2” feet, according to Herman Meyer, lot's 1 weather observer. The water level stood at 17,5 feel at * o'clock this morning, and was still rising Meyer also reported that 1.31 - inches of rain fell during the night The county roads., according to officials of the county highway de partnit nt. are. for the most part, .'washed out."' There is little foun--dation left.to many of the roads, ac- . . ..cording to the reports, the heavy rains having made the roads soft And difficult l» 'drive upon One bridge, in Monroe township, was w»«lso reported washed out. according to the officials. WEATHER Clearing and much colder tonight. Friday generally fair and cold. Low tonight aero, to five above northwest to 20 south-’ east High Friday around 20 north and 25 south.

DECATUR DAILY DEMOCRAT ONLY GAILY MWIFAHR IN AMMI COUNTY ' Z ■

■*» — : Couriy Extension Committee Meets * Vote Later Today On Permanent 4-H Home .. A strong vocnTWttrt ff«f®tet»wra myram tor all rural boys; a plan. n*V errnrse of home economies for girls and a permanent toOta for 4 H dubs were the highMthti uL.ftte opening session this mottling Aif the ail-day annual meet iug of th* Adams county extension committee at Ih-catur high school August Setting. Root township, presidvtu of the group, presided and Mrs. Holman Kgly. Jefferson township, served as recording secretary, 1. E. Archbold. Adams county agricultural agent; Miss Anna K. WHHarns. home demon stralion agent for Adams county and Hugh S Haggard, assistant county agent leader of Purdue University. attended both the morning and afternoon sessions An offer of the city of JiecafuF to permit the extension connnlttee, tn construcr permanent buildings for 4 H clubs and other agricultural exhibits, and use of the 2» northeast acres in Hanna Nuttman , park for the purpose of exbibilS and : I llveatock breeders shows and sales was presented at the rnor-u- ; ing session. X"voti> on' whether the group! would accept the offer and rnakej liecatur the periwaimit sir*, for the: i-H shows was scheduled for midMore than 4« delegates aUrnderl the moVninr session Each town -lull bx- '» ■’ el. < led representalives each rural Hub aiiir Tn‘g‘a"nt salina also has delegates- several DecAtur and Herne clyic groupalso have a voting represent al ioh on liu eontmltit. First action of the commute* afler'readlng of the minutes df-Whe last mreLjii'.. was lo grant the i AdpMs' count y reer. atiohal office i ;X:d the Olin!; nurse voting Zuivlle.ge.s on Hie < ommitt. e \LjJifrid fcivrke treasurer of the gav. hi- annual fin irniArrport. which w.i- :o repH d 'Koh |cwn-hlp ibcn made a r.poil *, on. . mini. ' th* year's ar thllli - <hd plans for IPhrr- - — r —-— Chief topics of interest brought out m the township reports Includ.,l ..... a:ion.*i loin, iilmre K aelung | programs for eartt township. < oun‘tv road" problem- whether there ;• shuuhL Im a couut y planning < mt--ion tin Jucaiur Invitation In ■| build th' 4 H buftdtnt- at Hanna ! 'itn'Lni.in. icuk ajid Hie problem of i'keeping ditches d.art'? one topic brought to the floor In i one of the town-lop irporls caused ii. t K--Ider able favorable comment I: w i- piopoo d that the ciiuiiliit ter u-omnirrid to.ihe proper auilt i.it'ie- that school hook- Im adojit ,-d for a hintr i pt riod of time ■ TluTf was eoti-id.i aide criticism about the motih'iriy i o-t of book-, grssl for only one or two years They* probably " ill be more discussion r oticernlng Trie Decatur id tel rid- ari' lioe'n hr fore a tide Is taken The 'Jy pro|e'.eedTo permit I (T.r. T* l‘s«» » »«*<! Flood Waters Wash Out Bridge Abutment Bridge Washed Out z In Monroe Township 1 Flood wafers wa-hed out an abutment under a Itefor* step! bridge over Blue Creek ditch In Monroe township, rh'rep' miles past and two mihs north of Berne yeaterday. Phil Sauer, county highway supeiln’vndv lit. reported today rhe floor and ijjer l structure teh into the dltch. about .15. minutes aftrr Elmer Beer, district two high way supervisor, and his assistante passel over the bridge They had erected signs notifying motorists that the bridge was closed to traf sic ; Mr Sauer said the bridge was on comity road No, 31. about one-half mile weal of the Spring Hill church. Ik-t'vurs east and west can be made, he said jsS?- ■ The highway department *tu aware of the unsafe condition of the bridge and had dispatched workmen so *th* arene.- Rising waiers yesterday washed out the j north abutment, the floor and ateel structure then toppling Into the »treafil" ' —— Mr. Sauer has Inspected a majority of the 300 county bridges and. reports that several are In nevd of attention Damage to the spans may result from Hie'cSrfent flood, following last night's heavy downpour -

' —— _ ' Natteraal Strike CloaesChryy :

HUGE CROWDS of trorkem !«*•<• the Dodge plant at Deirvil' aa a Mtiowtde Hrike J»egM against the Cbryaler (Corporation AH-night. last-aiimite negotiatkms, failed to romd to an agreement on the I-AU demand for more pay or more pension / f a f — - g-”- ' ’’

New Flood Threats Throughout State Wabash And White Rivers Again Rise irHiianapoiib. Jah 26 ll’Pl The Wabash and Whit »• rivers andj tliKKl stage again roday and threat.ened to spread out -In anotheri major overflow Weather exports said the extent of the flood in tlie jpjtir Wabash and the main White could not yat lie determined on the basis ot naw , rains which swept aefuM Indiana laM nighi --——— ——7_„_ _ .7. The new rain averaged nearly ' I inches over the basin* of the; ‘ stream*, which hit peak flood lev-; 'els earlier this inonth and forced I humireiH of families from their' homes. It boosted the January rainfallat many weather observation points within i fraction of an inch of thy. gt' atesl amount for any month in the weather bureau's 75-. year history. Temperatures dropped ahafply,; below freezing over the nottberu.j twothlrds of the stat® after hit-' ting m.-irke in the TO'* yesterday for the warmest January day on record " . I'attl A Miller chief meteoroidLiETTB 'he Tndt.Tirapjrti*--wealher' bureau * said the new rains would , ' push the Wabash within one to! itw-o feet of its early January lev-; • Is' in its upper reaches, from I’.iuffton through i’ovingidn" ~: Miller said the upper west fork of the Wlilte would be one to two feel below the early January levels and the lower west fork nearth,- previous levels. The east fork will not rise as. high proportionately as, the west. Miller -aid Uresis in the headwaters will arrive today through Jan 31 at all points except along the.lower Wa- ! bash and White.’" Rainfall ranged from an Inch to iTsrs Tn Page Sis I ~ 92 Persons Unhurt r ■ ' ' ’ '.. . • - • . ' -■ In Plane Accidents Calm Action Os Crew Members Is Praised !!_, . lly United Press . __ Ninety two persons aboard four ’ American airplanes involved in accidents within 24 hour* were saved ' by the calm action of crew members. * Two of the mishaps occurred at ! or near Chicago Three Involved commercial airlines which were brought to emergency landing* The fourth was an air force B-25 which crashed and burned The -superbomber caught fire near Fort Stockton. Tex . on a training flight from DaviwMonthan air base Hr California It’s FT crew ' members parachuted before the 1 plane crashed In a pasture last night None of the crew was hurt seriously An engine tore lobsu from a Northwest Alrltne* stratocrulaur on a Hight from Minneapolis to New York with 3” passengers The creyr of seven calmly worked the ship tp a safe landing at Chicago’s (Tam TwTuge ata* •v.

Docotter, lodiaiia, «wry 26, 1950

~ New State Palice Officer In City State police officer Robert Mercer. formerly of Anderson, ha* been transferred to Adams county and is residing on West Madison Street Iff Decatur with his family. The addition of Mercer to the Adams county staff gl»e" this county two state police officers and around the cloth service. OsHeer has two TtnWren and jhls home originally was,Blooming- ' ton. Over 112,000 kited By Chrysler Strike Firm, Union Brace For Long Walkout Detroit. Mich., Jan. 2*. (UPi — ; The CIO United Auto Workers an I ; i’hrysler UorporatiiSi jsraced toda ■- ; for a long, crippling strike More than 112.000 workers a! ready were idled by the walkout ; 'ami Industry observer* said anotli-’ 'er 44.<io<» will lie thrown out ot ( work if rhe utrtte last* two wetttvj -i. Slat* ami .federal mediators hop ed lo bring union and company ne gotlalors together again as sooiij as they cool off a little " Although I president Walter !I’ Reuther and Chrysler labor re lalioiis director Robert W: Tonder said they were willing toHiejfin h“* H contract talks, there sedtned itttte chatice ot immediate resumption of negotiations Each denounced the other's contract demands as "foolish.' and 1 vowed to stick .by their "final ami ■ rock bottom" offers for pension*; t and welfare insurance.. The peaceful Si-ene at Chrysler's j >. main plant hardly resembled by- 1 . gone days of bloody lalmr strife ; Dirty token five man groups of , I strikers Mood by the gates, and ■ untie carried picket signs A veteran union chief steward, said "once we had to stir up a fuss i; to make ourselves heard.? he ggtd.. "Now we tie just here-to remind th* company we’re solid and want pen sion*" ■ The world's third largest autotuo bite company was shut down when Mt.ooo production workers dropped their tool* and walked from ths assembly lines at HJS a m. (CSTi yesterday, 15 minutes before the ' scheduled strike deadline Then Briggs Manufacturing Company began laying off 23.M0 work ers who. make Chrysler car and ' truck bodies The walkout halted production ct I (Twew Ta Pace Wtaa* t 'J*? ■ Bunner Funeral To Be Held Saturday k Funeral services for Venton T. Bunner, who died of a heart ah , tack Wednesday morning, -will be t held at I SO pm Saturday at the k home of hi* parent*. Mr and Mrs . William Banner, and at 2 o'clock , at the Bobo United Brethren church The Rev E. A Middaugn and the Rev Walter Johnson will officiate, with burial in the Mt k Tabor cemetery Military rtte* will be conducted , by Adam* Post 43. American ,j Legion The body wilt be removed , ’ from the Black funeral home to the' , I residence, where friend* may call . after. ? ociock thia evening.

lidiina Judge Is Mictal By Jury Sullivan Circuit Judge Is Indicted i flulllvan. Ind.. Jan 26 (UP) ' i Sullivan circuit judge Norval IL ' • Hgrri*. Indicted by hl* own grand I Jury xm-Mmegea •mf’toegery, «m ■ begglement and writing a had check blames his defense of civil rights h>r the accusations. Harris was co-chairman last aunihier of a national committee formed to protest the trial of 11 itammuntat leaders Negro hgrltone 4’aul Rolieson was thn oflflUF c« _ (halrman Th* Indictments climaxed ’ a weeklong investigation yesterday by a grand jury composed of coal j miners, miners'.wives and farmer*. They were not read In open court .! hut prosecutor John K Purcell I like Harris a Demo rat said rhe judge was accused of eiiiliexxlipg 4150 from a former client, writing a worthless che< k to cover the fraud ’and forging u birth certificate up plicalion Harris was not arrested l«e< ause .he disqualified liimseß, itumiMU.il. ly on Purcell's request, and them J was no one to sign the warrant and fix the amount of lumd Purvey! and Harris agreed to ask the Ind ialia supreme court to name a spe vial Judge to try the case. Harris read aloud the juror's oath after he received the indict ments and ppiled the jury of two women and four men. asking each if he had lived up to the oath Tit* jurors swore they would not lie tn lluenved by malice, hatred or ill will." | "Undoubtedly the recent-puldl-icily over mv stand on civil rights 'iha* had a lot to d*i with this." Har iTwrw Te Cawe Klcbtl j ' ' ' —L—--4 Indiana Police Ask State Speed Limit Recommends Limit Set By Legislature Indianapolis. Jan. 26 —tUP)-. The state police traffic planning committee threw its weight today heli Ind move* to Wave a speed limit placed on Hoosier highways by the IMI legislature. State police Capt Kermit Lewis, chairman of the committee said hi* group would recommend a 60-mlle per hour daytime limit and a 50 mile limit gt night. *- 1 Police Supt. Arthur M Thurston said speed limits were necessary because there were more auto*, more drivers and more highway. usage now with no Increase In. road*, traffic police or safety coa , trol measures Thurston said the speed limit* • would bring Indiana in line with other States The only limit now t is to "reasonable and prudent" i speed*, a provision retained tn i the state police suggestion for a 60 I mile top limit. "All citiaen* accept highway transportation aa a natural abd.es I sentlal part df everyday life." i Thurathh said, "but whether we are h to-taaRMJi gngatoium return on our • * investment rents squarely upon the I j willingness ot the public to face J .theta." f -11., '-

Coal Owners'Spokesman Reports Offer To Reopen Negotiations On Contract

Lewis May Crack Down On Miners i By Ordering Men Return To Work Washington. Jan. 26.—(UP I— John L. Lewis may crack down ea to.ouu striking coni miners today by publicly ordering them to return to wurk Monday on.the three day shift . —~ J - The united mine wooier» pre*! dent was said to have received White House assurance that such an order would delay, at least tern porsrlly. intervention by President Truman In the soft coal wage dis Pl'* s Whit* House press secretary Charles 0 Ros* said no action byMr. Truman is in prospect for today. White House sources said that action by this week end i* "unlike ly" but that the possibility of ac (ion 1» not entirely foreclosed (lovernment labor officials said Mr Truman was prepared lo step in "before the weekend" unless the! wildcat striker* return to work 1 quickly. If the men go back, they] said, the President will contiM** hi* "hands-off" policy. Lewi* "suggested" that the strik'rti* ret urn tffWr W" WNWdW ago But that advice was Ignored by hi* men either of their own accord dr on secret orders from the union’s high command Official* ot UMW s district four, where the walkout occurred, report M •ver th* weekTpd that Lewis to-1 sued a back Rework order, but there has been no confirmation of this from l>wi« or UMW headquar ters. Industry official* believe Lewis told the. strikers privately to continue the walkout They feel he wants to create the Impression that they defied hi* "sugges!loii joj that, in a possible future court) action, he might successfully dis-. obey a msstrlke injunct lon. Ju grgu■ t Ing that tie cafi not control th* j men. The courts tn the past have held that Lewis’ power--in th.- mine J workers übion i* «neh that -he can , Call strike* or end them by "a wink. I a nod or a cmle " | Doubt Return 1 Pittsburgh Jan 26 (UP) — I RaPk and-fil.e leaders of the united | mine worker* said today they) doubted that even a direct appeal hy UMVV chief John L Lewis Would end the wildcat •’no con (Tues To Pnwe »•*» Several Expected To Run For Trustee Only One Candidate To Date In County While only one candidate fur trustee of any of the 12 townshipin Adams county ha* announced his candidacy, H. IJ. High Kirkland, political observer* believe that several healed contort* will develop before the deadline for the filing o' intention* Several incumbent trustee* are inellgilde to ran again l«ecause they have served their eight years Chief* among the township discussions are the various proposed school consolidation* and also the system used in appraising property is being generally discussed Annual assessing ot pursonal property is a duty of all trustees ' except in Washington township, where a township assessor 1* eleetest independent of the trustee Al the present time there are six | Democrats and six Republican trus tee* Several prominent citlxens have been mentioned as probaid* candidates 1n both party primaries In May and it i* belieyred likely that Revera! aspirants will announce soon. . The trustee* also sit a* the r-oun ly board of education and elect a superintendent of achool* each four Tears In case of a He vote, the auditor I* entitled lo a vote, t'nde(the present Adam* Central school consolidation system, the trustee* of Washingion. Monro* and Kirkland township* -automatically be comb member* of the Adams Cea tral gcbqp] board ...

American Army Truck Convoy Runs Blockade j -1 Convoy Allowed To Go Through Blockade WitkoutDifficulty Berlin. Jan 26 -(VP>-An Amer- i .Iran army convoy of 57 trunk* i guarded by seven military police on motorcycle* challenged the i Soviet baby blockade of Berlin today and was allowed to pas' • through the Hemstedt checkpoint/ without Incident. The Russian- made no move to interfere with the American truck/ but 260 German truck* waiting td pas* (hrough the Soviet remained stranded on the western i side of the tonal border by the *l3- ! day old Soviet slowdown i Fur-capped Russian border |*gMirtto2gn*e-o«lF- a brief hulk it' 1 ! the convoy commander jj.travel order* The sergeant in aharge then 'swrvhtorest of the convoy passed' through the cbevkpoint. The' whole vqtera tlon took 12 minute* American official* said none of (he convoy driver- or uasesls car rled waagmua. The convoy, commanded by MaJ Arthur H. Norwood. Jr . of Wa»h ington. D r. and guarded by seven Amevfcan military police on motorcycle.*. was loaded with food for toe I S garrison in- Berlin ’ It spent toe night In the British gone IP miles from the Soviet zonal 1 border and.pulled Into uh American ! ctieckpoint the border near 1 Helmstedt shortly before gam ( | The American checkpoint i* one ; inrlr- Short of the Ilu-rtan cheek, [point where Soviet border guards I have imposed a six day-old slow-1 | down >iii Ge rman ’nicks hauling ’suppjres-inree Berlin I'At (tie American < heekpoint rhe truck- pulled up In line for a lastminute inspection and Instruction* , before going on to meet the RusI sian1 Motorcycle police cruised up and ' down the column while the inspec torn wa- made The Russian baby blockade was in full force when the American* balled .On. the western-side, wait ing to" pass through the Soviet checkpoint for Berlin, was a long line Os 26b German truck* halted by the Russian*. On the opposite side of the border were 150 more G*Fs man. truck* from Berlin waiting to pass into western Germany through ■ Twra Ts raw* ••*» False Spring Over ; As Mercury Drops Cold Overspreads To All Os Natiofl Uhicago Jan 26 (UPj Cro cu*es and jonquil* blooming prema tdrely tn eastern state* art likely lo be nipped by a cold wave i-rrr spreading the nation, forecaster--aid today The cold front passed over Chi cago before dawn today, plunging temperatures from an all-time Jan uary record of <7 to below freeiing Weather expert* said the cold would reach the Atlantic c«»a*t.by Saturday, dispelling a record-break Ing winter warm wave that set flower* to blooming, bee* Bumming and bird* chirping a* though It were April . .The phem«rar»*l warmth set rew ord* at IMtroß. Atlanta. Cleveland. Buffalo. Syracuse. Columbu* O. Springfield! 111.. Binghamton. N Y Wheeling W A’a and Pltt«l»brgh Agriculture expert* expresaed concern over the "fal*e spring / They raid 'he appranching cold would nip budding plants and pre rent them from maturing properly when the real spring come* Area* hit by tbe cold suffered some Os the lowest temperature* of toe season Shortly before dawn today It *M « degree* below *ero (Tws Tv rw» "■» _

Price Four Coots ,r__

Present Wage Rate And Same Hours; Contract Os Two And Half Years Pittsburgh. Jan 26 — (I’PJ — George H Love, coal operator*' spokesman dls< loued today that they hare offered to reopen nego- ’* tiations with United Mine Worker* , president John L. Lewi* lx>ve raid the negotiating committee of the national bituminous coal conference, following a meeting here yesterday, eent a letter to the UMW proponing that a twre and jdfrt s ye«r agreement. providing the/'present high wage rate and th/ same hour*' lie signed FThe operator* proposed that the Atogotiatloua be aloyr them lines" 1 A '■ stable and binding" contract until June 30. 1052 with neither party having the right to cancel or suspend it. '. r” 2. Elimination of the no-dalled "willing and able" provision* of the last contract and Inclusion of "provjsion binding on the union IH* fiFTlntit production sir the use of facilities; " 3 Continuation of the gtrngient;,'"" welfare fund," provided that *H—> benefit* from the fund be limited to employe* of the cMtrthutim: compauiaa. - Isave'* proposal* werw utowtorf ■ to those made by the operator* during prevlotrt negotiations wtth Lewis at M’hlte Sulphur Spring*. W A’a However the proposed re.opentng of nejßWtatioh* Wgs a shift - 'ln position _ - Love walked out on the White Sulphur talk* last Octohet saying ! further meeting* were useless and that he would not return to the i ciinferenre taht* nntil Lewis wa* willing to accept the opuratqrs* proposal* latre cited the “no contract no work" strikes which have idled | pdi.lpp miner* He said the walk onts. against the tore- day week showed the miner- "want the *»o---restrlcted right to work every day work i* available which tinder present circumstances would mean full time employment "The operators believe their employes are sick and tired of restricted work week* when thev see all around them inferior coat moving from non-union mines Working every day and taking the business away from union mine* which normally would he producing it." he said In the operators' welfare fund 5 ' proposal, they ruled out the Lewis' appointed board of trustee* which was set up by the UMW president Jan 1 They Mid lewis must tecognire the operators’ chosen • Terv Ta rasa Klwbtl i , j Urges Motorists To Destroy Old Plates Indianapr'lls Jan 26 (UP* Secretary of state Charle* f Fleming "urgeutly requested” Hoosier motorists today to destroy tpetr I*4* Hcenae plates after they buy l*so'tags Fleming said throwing the plate* »here_they could be picked up easily •*’ an hivliatiou "to tbnae person!*, in toe Stolen car rackets to use then) on stolen auto* Sheriff Bowman Undergoes Surgery Sheriff Herman Bowman today underwent another operatton on - his left leg In the Imtheran hoe pu*L Fort Wayne. . The sheriff had gome to FarWayne Wednesday, where k’-rays were taken of the leg which had been operated on several month* ago It-.wa* believed at that time (hat with proper caw* and the correct amount of. pressure the bone* In the leg would mend prop- ■ terty*" ■' ■- However It was disclosed that this tailed to occur, and d'X-tors decided to attempt another operatioa - today, possibly to graft • bone Into the leg ev ne P has been deemed likely, to even amputate