The Neah Bay Standoff: A Battle over Tribal Land Sovereignty
When the government sent an Indian agent to clear traders off the Makah Reservation, a local legal battle exposed the deep friction between federal authority and corporate interests.
A reporter of the Post-Intelligencer met Captain W. L. Powell, Agent of the Makah Indian Reservation on Neah Bay, last evening, and asked him for a statement of the facts in relation to his arrest for contempt of court. Captain Powell said: 'I took charge of the Makah Indian Reservation on November 6th. On the 11th, I received a telegram from the Commissioner of Indian Affairs in Washington ordering me to remove Baxter, Brookes, and George, who were trading under the firm name of Baxter & Co., from the reservation at once. On November 13th, I received a temporary restraining order from Judge Greene, ordering me not to close the store. On the 15th, I received a new telegram defining the boundary of the reservation and an order to close the store if it was within those limits. On the 16th, I closed the store and ordered the Indian police to block Baxter. On November 30th, the Commissioner wired me to disregard and resist any summons from any source. I answered that I would resist arrest, but on December 5th, I received a telegraph from the Commissioner ordering me to submit to the process of court until the question of jurisdiction is judicially determined. I immediately had the store opened, and started at once for Seattle and appeared in court. The whole matter was laid before Judge Greene, and I was purged of contempt of court upon the payment of the costs. Judge Greene is one of the fairest and most conscientious men I ever met. I expected to be fined at least $500, but in the end, I paid $40.30 in costs. I never had a desire to treat the Court with contempt, but my orders from the Commissioner were plain.'
“I never had a desire to treat the Court with contempt, but my orders from the Commissioner were plain, and I knew that in obeying them the Department would stand between me and him.”
This 1885 legal battle highlights the enduring, complicated history of federal and tribal land rights in Washington State. Today, questions of tribal sovereignty versus external commercial interests remain a central theme in Washington's political and legal landscape.
From readers
No comments yet. If you know something about this story — a correction, a family memory, a source — it belongs here.