1981) the plaintiff sued members of the United States House of Representatives by
suing the Speaker of the House and several members of a special task force.
Although the plaintiff lost on the merits, the House was before the court. See also,
Jackson v. Congress of the United States, 558 F.Supp. 1288 (S.D.N.Y.1983); cf.
Immigration and Naturalization Service v. Chadha, 462 U.S. 919, 103 S.Ct. 2764, 77
L.Ed.2d 317 (1983) (both Houses of Congress found to be proper parties as
interveners in a suit challenging the House's exercise of legislative veto); Synar v.
United States, 626 F.Supp. 1374 (D.D.C.1986) (House Speaker O'Neill and
Bipartisan Leadership Group intervened as defendants to support an Act challenged
on constitutional grounds), aff'd, Bowsher v. Synar, 478 U.S. 714, 106 S.Ct. 3181,
92 L.Ed.2d 583 (1986).
As in several of the above cases, the case at bar attacks the constitutionality of an
act or series of acts of a legislative body. This case of major statewide importance
has been tried and practiced vigorously by all parties and was decided on the merits
by the trial court. We will not now initiate useless circuity of action by requiring the
cumbersome process of serving all members of the General Assembly. See Bruner v.
City of Danville, Ky., 394 S.W.2d 939, 941 (1965). We believe it is only common
sense and practical to hold that service on both the President Pro Tempore of the
Senate and the Speaker of the House of Representatives, named in their respective
capacities is sufficient to acquire jurisdiction over the General Assembly in this
action.
X. WHAT IS AN "EFFICIENT SYSTEM OF COMMON SCHOOLS"?
In a few simple, but direct words, the framers of our present Constitution, set forth
the will of the people with regard to the importance of providing public education in
the Commonwealth. "General Assembly to provide for school system--The General
Assembly shall, by appropriate legislation, provide for an efficient system of common
schools throughout the State." Ky. Const. Sec. 183.
Several conclusions readily appear from a reading of this section. First, it is the
obligation, the sole obligation, of the General Assembly to provide for a system of
common schools in Kentucky. The obligation to so provide is clear and unequivocal
and is, in effect, a constitutional mandate. Next, the school system must be provided
throughout the entire state, with no area (or its children) being omitted. The
creation, implementation and maintenance of the school system must be achieved by
appropriate legislation. Finally, the system must be an efficient one.
It is, of course, the last "conclusion" that gives us pause and requires study and
analysis. What, indeed, is the meaning of the word "efficient" as used in Section
183?
THE CONSTITUTIONAL DEBATES
A brief sojourn into the Constitutional debates will give some idea--a
contemporaneous view--of the depth of the delegates' intention when Section 183
was drafted and eventually made its way into the organic law of this state. It will
provide a background for our definition of "efficient."
Comments of Delegate Beckner on the report which led to the selection of the
language in Section 183 reflect the framers' cognizance of the importance of
education and, emphasized that the educational system in Kentucky must be
improved. Referring to the education of our children, he admonished the delegates,
"do not let us make a mistake in dealing with the most vital question that can come
before us." III Debates Constitutional Convention 1890 4459 [hereinafter Debates ].
After summarizing other achievements made in the proposed new Constitution he
continued--"If, however, after accomplishing so much good on these lines--we forget
the children, and, in the slightest degree, fail to appreciate the obligations of the