New-York tribune., 1909-02-05
'COOK VOTE AFTERMATH
SENATOR'S GET LETTERS.
Ne7C Members Haze Gold Feet =
No WOrd from Governor.

Albany Feb. 4.-''Letters from home began t6
come to the new Republicans who voted yesterday
against fhe nomination Of Herbert E. Cook "a
Democratic member Of the Highways Com
mission These letters in cases indicate clear
" the annoyance and anger OF the constituents OF
those Senators. ana result several Of the new
men have displayed marked symptoms OF cold
feet" in regard any further demonstration which
might be interpreted as anti-FIughes n the remot-
est degree.
Hardly FIVE minutes after the vote against Mr.
Cook was taken yesterday a dispatch was handed
TO one Senator from the Board OF Supervisors Of
his county urging him TO vote 70 confirm Mr- Cook
He has spent most Of his time since then In rack
ing his brain for adequate excuses for his vote
One Senator from a Hudson River county has gone
considerable distance out Of his way TO express
regret at his in quarters friendly Governor
Hughes Others in the new senator group are
displaying anxiety lest their motives be miseon-
strued and are protesting vigorously that thers
was no deal or agreement" Of any character be-
tween. the Democrats and Republicans
Senator Davenport's characterization. "A gentle-
mems agreement though. has been picked Up IN
the Capitol gossip. and rightly wrongly has at
tached itself firmly as label to the Cook p-o-
ceedings.
Defeated by 'gsntIemens agreement and
great dislike OF Governor Hughes declared 0ns
Senator to-day. That's the verdict we'll have 70
render in this Cook affair. And I'd hate TO nave
nv name in the list Of those men who upheld tns
.gentIenen's agreement.
Governor Hughes still confined TO the TX
ecutive Mansion to-day though his health was
somewhat improved He had absolutely no state
r,ent 70 make about his course regarding the ap-
pointnent Of another Democrat to the Highways
Commission
Mezsrs Hooker and Allen. the present members
of the commission. have applied TO the Attorney
General for an opinion TO whether they legally
can proceed to organize the commission and Of
hciaIy transact business. Attorney General O'Mal-
ley is in New York. and therefore they can get
no opinion for a day two The consensus OF
opinion Of lawyers around the Capitol. though, Is
that such organization view Of the terms Of tbs
statute would be impossible and that the business
Of the Highways COmmissiOn-the official business
must be held up pending formal Orsanizatioa
Lawyers say that the law provides for a cOInrnis-
sion of three members and by its terms expressly
shows that bipartisan commission was author
lied Consequently. there being minority rep
resentative. the commission legally may not or
ganize- II either Of the commissioners confirmed
were Democrat the commission might Organizs
with two members
Senator RaInes said to-day that his attention had
been called to this phase Of the affair
Ny opinion is" said he. that the wording OK
the highway law expressly preveL5S any such Or
ganization Of the commission do not for a mo-
ment believe that the Governor will refuse 70 send
In another nomination Surely out OF 10000 Demo
Gratis he can find who will meet his require
ments and those Of the statute and be confirmed By
the Senate"
Dean Allen the counsel TO the Governor.
asked tS-day about the alleged unconstitutiOnelity
Of the highway law in that IL imposes Qualihca-
ton for office. which some lawyers say Is not al
lowabIe under the state constitution He said IL
was q question which eventually would. without
doubt 20 20 the Attorney General for opinion
This same condition said ne. runs through
several laws which provide for a bipartisan COM
mission So far know. This question has never
been raised before its cOnstitutionality deter
mined
Meanwhile Messrs- Hooker and Allen are trans
acting routine business OF the unorganized Highways
Commission under arrangement with State En-
efneer Williams who has turned to them the
highways bureau and given orders that they shall
be recognized as heads Officially. however, he is
stu the head OF the highways bureau and re-
sponsble for the conduct OF its business