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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.”

— Printed in Seattle Daily Post-Intelligencer (Seattle, W.T. [Wash.]) 1881-1888, 1885
Then · 1885141 years apartNow · 2026

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.

The original page

Seattle Daily Post-Intelligencer (Seattle, W.T. [Wash.]) 1881-1888, 1885-12-13. Library of Congress, Chronicling America.

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From
Seattle Daily Post-Intelligencer (Seattle, W.T. [Wash.]) 1881-1888, DEC 13, 1885, Page 2
Text
Cleaned up from the page — spelling and layout repaired — not a word-for-word transcription. The page itself is above, for exact wording.
Rights
Public domain
Place
48.32564, -124.60883 · placed automatically
The paper in the Library of Congress catalog ↗