Three Yakama Families Were on the Land. Then the Case Closed Without Appeal.
A Seattle land-office ruling let David T. Smith keep land that the Indian commissioner said belonged to Chio-a-tose, Obeye and You-ut-lip—until the Indians withdrew their claims and the file closed.
David T. Smith made homestead entry May 5, 1897, for lots 11 and 12, section 22, and the northwest quarter of the northeast quarter and northeast quarter of the northwest quarter, section 27, township 28 north, range 15 east, and upon making satisfactory final proof November 3, 1902, a certificate was issued to him. As this land was a portion of the tract set aside for the Yakima Indians February 19, 1900, the commissioner of Indian affairs was requested to ascertain if any Indians were in possession of the tract at the time of Smith's entry and claimed the same by virtue of improvements. The Indian commissioner reported that Smith's entry ought to be canceled, as Chio-a-tose, Obeye and You-ut-lip were on the land and made valuable improvements. Contradictory affidavits were filed and a hearing had. The Indians then swore they had no intention of claiming the land and the preponderance of evidence showed the land was not claimed or even occupied by the Indians prior to Smith's occupancy. It was also shown that the Indians were advised to claim the land by one McClean, formerly an Indian agent at Neah Bay. The decision of the local office was in Smith's favor and as no appeal has been filed the case is now closed.
“The Indian commissioner reported that Smith's entry ought to be canceled, as Chio-a-tose, Obeye and You-ut-lip were on the land and made valuable improvements.”
The case shows how paperwork and withdrawn claims could erase Indigenous occupancy from the record. The Yakama people's long fight for land and treaty rights continues to shape Washington today.
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