Cook v. BOARD OF ED. OF SALMON RIVER CENT. SCH. DIST. NO. 1

Decision Date21 April 1970
Docket NumberNo. 605,Docket 34274.,605
Citation424 F.2d 995
PartiesJohn COOK, Individually and as Head Chief of the St. Regis Indian Reservation, Minerva White, Ella Peters, Noah Cook and Margrett Lazore on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. BOARD OF EDUCATION OF SALMON RIVER CENTRAL SCHOOL DISTRICT NO. 1, The Commissioner of Education of the State of New York and The State of New York, Defendants-Appellees.
CourtU.S. Court of Appeals — Second Circuit

Omar Z. Ghobashy, New York City, for plaintiffs-appellants.

James F. Mills, Fort Covington, N. Y., for defendant-appellee Board of Education of Salmon River Cent. School Dist. No. 1.

John P. Jehu, Albany, N. Y. (Robert D. Stone, Counsel and Deputy Commissioner for Legal Affairs, Albany, N. Y., of counsel), for defendant-appellee Commissioner of Education of State of New York.

Robert S. Hammer, Asst. Atty. Gen., of State of New York (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendant-appellee State of New York.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.

PER CURIAM:

Appellants, St. Regis Indians, members of the Mohawk Nation, Six Nation (Iroquois) Confederacy and residents of the St. Regis Indian Reservation in the State of New York, instituted this class action for injunctive and declaratory relief in the United States District Court for the Northern District of New York alleging that they and others similarly situated were being denied the right to vote in local school board elections and were being prevented from nominating their own candidates for that body by virtue of the provisions of Section 2012 of the New York Education Law (McKinney's Consol.Laws, c. 16, 1969), which required, among other prerequisites for voting, that the voter be a resident of the school district in whose election he wishes to vote. The St. Regis Indian Reservation is adjacent to, but not within, the Salmon River Central School District No. 1, the district responsible for the administration of the school attended by appellants' children.

During the pendency of this action, Section 2012 of the New York Education Law was amended to provide that "no Indian shall be deemed ineligible to vote at any school district meeting because of his residence on a reservation in the state or because of his tribal or property status." N.Y. Educ. Law § 2012(3) (McKinney's Supp. 1969-70). This amendment became effective on May 26, 1969. Thereafter, on October 15, 1969, the district court entered an order dismissing appellants' complaint as moot and for failure to present a substantial federal question. Appellants' motion for the convening of a three judge court was denied on the same grounds. Appellants appeal from this order and from an earlier order of the district court vacating a stay of the May 6, 1969, election of members to the Board of Education of Salmon River Central School District No. 1.

We find that the issues presented in this case are moot and accordingly affirm the orders entered below.

The enactment of the 1969 amendment to Section 2012 of the New York Education Law removed all obstacles to appellants' right to participate in local school board elections. Accordingly, this case has "lost its character as a present, live controversy of the kind that must exist if we are to avoid advisory opinions on abstract propositions of law." Hall v. Beals, 396 U.S. 45, 48, 90 S.Ct. 200, 201, 24 L.Ed.2d 214 (1969) (per curiam); Golden v. Zwickler, 394 U.S. 103, 110, 89 S.Ct. 956, 22 L.Ed.2d 113 (1969).

Appellants seek to avoid a finding of mootness by urging, inter alia, that since they were not qualified to participate in the election of the present board, the continued existence of a possibly unlawfully constituted board requires that we decide the issue of the constitutionality of the residency requirement of Section 2012 as it existed prior to amendment.1 The problem appellants raise does not justify relaxation of the traditional concepts of...

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4 cases
  • Bond v. Dentzer
    • United States
    • U.S. District Court — Northern District of New York
    • 16 Abril 1971
    ...(LaPrease v. Raymours Furniture Company (NDNY) 315 F.Supp. 716; Boddie v. Wyman, 2 Cir., 434 F.2d 1207; see also Cook v. Board of Education, 2 Cir., 424 F.2d 995). The application here for a temporary restraining order that often unfortunately calls for instant and hurried decision was unne......
  • Jackson v. Hepinstall
    • United States
    • U.S. District Court — Northern District of New York
    • 15 Julio 1971
    ...York, 392 U.S. 40, 57, 88 S.Ct. 1889, 20 L.Ed. 2d 917; Powell v. McCormack, 395 U.S. 486, 89 S.Ct. 1944, 23 L.Ed.2d 491; Cook v. Board of Education, 2 Cir., 424 F.2d 995.) It is contended for plaintiff that even though the problem of hearing and reinstatement is resolved, the class action r......
  • Cherry v. Postmaster General
    • United States
    • U.S. District Court — Southern District of New York
    • 22 Septiembre 1971
    ...Judge to whom the application originally is made rather than by the three-judge-court. See Cook v. Bd. of Education of Salmon River Central School Dist. No. 1, 424 F.2d 995 (2 Cir. 1970). The single post card which was delayed by mistake for four days has been released and forwarded. The Ju......
  • Barnes v. Tarrytown Urban Renewal Agency, 71 Civ. 4243.
    • United States
    • U.S. District Court — Southern District of New York
    • 31 Enero 1972
    ...denying the convocation of a three-judge court. Hall v. Beals, 396 U.S. 45, 48, 90 S.Ct. 200, 24 L.Ed.2d 214 (1969); Cook v. Board of Education, 424 F.2d 995 (2 Cir. 1970); Cherry v. Postmaster General, 332 F.Supp. 785 (S.D. N.Y.1971), and cases there Moreover, the willingness of the Secret......

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