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Reading Room · Foundational primary sources

An Act to enable the people of Utah to form a constitution and state government, and to be admitted into the Union on an equal footing with the original states (Utah Enabling Act)

The Fifty-Third Congress of the United States, 1894.

What this is

The Utah Enabling Act, passed by the Fifty-Third Congress on July 16, 1894, after more than four decades of refused admission requests, authorized the people of the Territory of Utah to form a constitution and state government and to be admitted on an equal footing with the original states. Its school-land provisions quadrupled the per-township grant — Sections 2, 16, 32, and 36 of every township — in recognition of the more arid and less productive Utah land base, and Section 6 of the Act installed the permanent-fund architecture in federal admission law for the first time: the proceeds of school lands were to form a permanent fund, and only the interest could be expended for schools. The 28 Stat. 107 citation is canonical.

Why the Library cites it

The 1894 Act matters to the Library for two architectural reasons. The first is the quadrupled-section grant, which set the pattern for the later arid-West admissions — Wyoming and Idaho in 1890 had already moved toward larger per-township grants, but Utah is the canonical example. The second, and more important reason, is the explicit permanent-fund clause. Before 1894 the federal language was “for the use of schools”; from 1894 forward, the federal language was “proceeds shall constitute a permanent school fund, the interest of which only shall be expended.” The Library uses Utah as the leading operational example of recovery from drift — Title 53C and SITLA, in 1994, were the state-level apparatus that put the 1894 federal architecture into working practice a hundred years later.

A representative provision

Section 6: “That the proceeds of lands herein granted for educational purposes, except as hereinafter otherwise provided, shall constitute a permanent school fund, the interest of which only shall be expended for the support of said schools, and such land shall not be subject to preemption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be surveyed for school purposes only.” The “interest of which only” language is the operative federal commitment.

Where to find it

Library of Congress, Statutes at Large, 28 Stat. 107 — https://www.loc.gov/law/help/statutes-at-large/53rd-congress.php. The govinfo.gov fallback hosts the same materials. The Library hosts Section 6 excerpted in full at the entry page.

How to engage

Read it at Library of Congress, Statutes at Large →

Fallback: https://www.govinfo.gov/app/collection/statute

A representative passage from the work is excerpted inline above; the full text lives at the source.


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