The Indianapolis times., 1928-05-16
UPDIKE BALKS
AT SERVICE IN
Vote CONTEST
Refuses to Accept Papers
Served by Marshal in
Washington.
RECOUNT GIVEN HALL
Congressman Quotes His
Rights and Immunities,
in Rejection.
RECOUNT GIVEN HALL

81 IiWCS Spccldt
WASHINGTON, May 16.-After
two hours Of maneuvers and
counter-maneuvers Tuesday after
noon, Congressman Ralph E. Updike
Of Indiana, was-in the opinion of
Ring and Cobb, Washingtons at
torneys-legally served with notice
Of a contest as to his nomination in
the recent primaries.
In Updike's opinion, he has not
been served, because he refused to
take the proffered notice or to re-
ceipt for it, With today marking
the last day for service of the notice
upon Updike, the air mail early
Tuesday afternoon brought the
petition from Indianapolis attorneys
fighting Updike's nomination on be-
half of Archibald M. Hall, runner
up in the Republican primaries.
The firm of Ring & Cobb, Wash
ington correspondents of the Indian
apolis interests, received the papers
and Daniel S. Ring and Harvey L.
Cobb Immediately went to the Capt.
tol, looking for Updike.
Refuses to Accept
He was on the floor of the House
and was called out to the cloakroom.
A corridor conference ensued. up
dixie was informed of the purpose of
the law visit.
Il know something about this
contest" he said, but 1 am not
going to sign this receipt of service
or accept this notice until I have
had advice from my attorneys.
won't do it without their permission.
That's all there is to it,"
1t was urged upon him that his
refusal to receive the formal papers
would place him in a position where
he later would be prevented from
denying knowledge he then was be-
ing given opportunity to acquire,
but he would not accept service.
Ring and Cobb consulted the
Office of the sergeant-at- Of the
House. That Office however, was
reluctant to become involved. It had
to do with mileage and things like
that, the attorneys we're informed,
but forcing a member to accept serv-
ice Of notice Of contest in a primary
was something outside of it's juris-
diction.
Page Clerk Won't Act
The next conference was with
John Tyler, page clerk of the
House; page did not know, he said,
Of a precedent. Primaries are mat
ters Of State concern entirely, he
pointed out.
Next place Of resort was the
United States marshal's Office at the
District of Columbia Supreme
Court. There the attorneys con-
vinced Assistant Marshal Stephen
Callahan that this notice was a
matter which emanated from a case
in a court of competent jurisdiction
in Marion County, Indiana. Dep
uty Marshal Ceremile was author
lied to serve the notice.
Updike was returning to his Of
flee in the House office building
when Ring and Deputy Ceremile
met him, in the corridor. Deputy
Ceremile then served him in the
customary involuntary manner,
placing the paper on his left shoul-
der.
Paper Falls to Floor
Updike shrugged his shoulder.
The paper f1uttered to the floor.
1t lay there disregarded, while
Updike expounded on the rules of
the House, which, he said, make
service Of notice Of contest of a
primary election a matter which be
voluntary as far as a Congressman
is concerned.
Refusal to receive service, he said,
was in the power OF a Congress.
man and he could not be served r
legally after such refusal, under the
House rules.
He also mentioned the matter OF
immunity afforded by the Consti-
tuition.
IIIRY GIVES %1 AWApO