The American Jewish Congress yesterday submitted a legal brief in its appeal against the dismissal of its complaint charging the Arabian American Oil Company, Aramco, with refusal to hire Jews.
The brief, filed with Charles Abrams, chairman of the New York State Commission Against Discrimination, supports the AJC oral application of November 25, which requested reconsideration of the finding by Elmer A. Carter, one of five members of the State Commission, that Aramco could continue to screen out Jews for employment in Saudi Arabia.
In his decision as investigating commissioner assigned to the case, Mr. Carter upheld Aramco mainly on the ground that State Department officials in Washington had advised him that a ruling against Aramco would “prejudice the company’s operations” in Saudi Arabia and would “probably adversely affect other United States interests there as well.”
Commissioner Carter, the AJC brief notes, apparently based his decision exempting Aramco from the operation of New York State’s Law Against Discrimination, on the rule that Federal treaties and international agreements supersede inconsistent State legislation. But, the AJC points out in rebuttal, this rule applies “only in cases of treaties and executive agreements and not to informal statements by State Department officials.”
The AJC brief goes on to note that Commissioner Carter, in his decision, cites no international compact between the U.S. and Saudi Arabia relating to the entry of Jews in the latter country. The only agreement referred to by Mr. Carter is the contract between Aramco and Saudi Arabia. This, the Congress contents, is “in no sense an international compact and has no legal effect whatsoever. Certainly the desire of a private oil company to realize profits, irrespective of all other considerations, cannot overrule the law and settled policy of New York State against racial and religious discrimination.”
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