Executive Order  No. 16: (1st Series) Sale of scrap metal for war efforts: permits expedited; restrictions of conflicting laws and town by-laws waived

WHEREAS, it is essential to the successful prosecution of the existing war that certain scrap materials and junk be made immediately available for use in the production of implements and armaments of war; and

WHEREAS, the towns of this Commonwealth own a considerable amount of such scrap materials and junk which are no longer needed or useful for town purposes; and

WHEREAS, many of said towns desire to sell said scrap material and junk in order that the same may be salvaged for war production; and

WHEREAS, the officials of said towns cannot under existing law, including certain town by-laws, sell said scrap materials or junk, except in very small quantities, without the votes of special town meetings authorizing such sales; and

WHEREAS, the calling and holding of special town meetings would involve considerable expense and result in serious delay; and

WHEREAS, the Government of the United States, through the War Production Board, has stressed the urgent need for certain scrap materials and junk and has requested that the existing requirement of votes of special town meetings authorizing the sale of such scrap materials and junk owned by the towns of the Commonwealth be eliminated in order to facilitate the speedy salvage of such scrap materials and junk:

NOW, THEREFORE, I, Leverett Saltonstall, Governor of the Commonwealth of Massachusetts, acting under the provisions of Acts of 1941, chapter 719, section 7, Acts of 1942, chapter 13, section 2, and all other authority vested in me, do hereby issue this order as a measure necessary and expedient for meeting the supreme emergency of the existing state of war between the United States and certain foreign countries.

Subject to the approval of the Emergency Finance Board created by Acts of 1933, chapter 49, section 1, and of the Board of Selectmen of any town of the Commonwealth, any board, officer, department or committee of such town having control of any personal property in the nature of scrap material or junk belonging to said town shall be authorized and empowered, notwithstanding any existing law, including any town by-law, to the contrary, to sell by public or private sale such personal property which is certified on the official records of such board, officer, department or committee to be no longer needed or useful for town purposes.

The authority conferred by this order shall be in addition to and not in derogation of the authority otherwise conferred upon any town boards, officers, departments or committees under existing law, including any town by-laws.

GIVEN at the Executive Chamber in Boston, this twenty-second day of May, in the year of our Lord one thousand nine hundred and forty- two, and of the Independence of the United States of America, the one hundred and sixty-sixth.

By His Excellency the Governor,
LEVERETT SALTONSTALL

PAUL D. HOWARD,
Deputy Secretary of the Commonwealth