EVERETT JAPANESE MUST DEFEND ACTION

Alien Ownership of Property in State of Washington to Be Decided in Case Now on Court Calendar.

EVERETT, Saturday, April 8. -- Judge W.W. Black in the superior court here this afternoon ruled that S. Sato, the Everett Japanese, must defend the action begun by the State of Washington to escheat property in the red light district near the river in conformity with the state constitution forbidding ownership of lands by aliens. Arguments on the demurrer of Sato were heard by Judge Black in his chambers, the state being represented by Attorney-General W.V. Tanner and Sato by E.C. Daley. J.A. Coleman, on behalf of others interested in the property involved, asked permission to interplead.

Judge Black knocked out the demurrer, ruling the state has a cause of action, but sustained the motion to strike on the ground that the purpose for which the property is used has nothing to do with the ownership thereof.

The ruling means that later on the case will be tried on its merits. It opens the whole question of alien ownership of land in this state, contrary to the state constitution, and is of vast importance under the peculiar circumstances existing. The question of alien ownership of lands in the state has never come up before in just the same circumstances involved in the Everett case, and the points are varied and have never been made the subject of a ruling by the state supreme court.