Executive Order  No. 45: (1st Series) Emergency measures during fuel shortage caused by war

WHEREAS, the prosecution of the existing war between the United States and certain foreign countries has resulted in a lack of facilities for the transportation of fuel oil in sufficient quantities to meet the needs of the civilian population; and

WHEREAS, there is impending a shortage of fuel oil of major proportions which may make it impossible for large numbers of persons to heat their homes or places of abode sufficient for the protection and preservation of health; and

WHEREAS, widespread suffering and injury to health causing loss of time from employment vital to the prosecution of the war may result, unless provision is made to relieve and assist those persons unable to provide adequate shelter and care for themselves by reason of the shortage of fuel oil; and

WHEREAS, it is the obligation of the Commonwealth to provide for the health, comfort and well-being of its inhabitants under such circumstances:

NOW, THEREFORE, I, Leverett Saltonstall, Governor of the Commonwealth of Massachusetts, acting under the provisions of Acts of 1941, chapter 719, and Acts of 1942, chapter 13, sections 2 and 3, 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.

1. The Commissioner of Public Welfare, hereinafter referred to as the Commissioner, and the Massachusetts Committee on Public Safety, hereinafter referred to as the Committee, are hereby authorized, empowered and directed to co-operate with the mayors of cities, the boards of selectmen of towns, the school committees of cities and towns, the appropriate officers of churches and parochial schools, appropriate public and private welfare agencies, within the Commonwealth, and the American Red Cross in establishing a program to provide for the transportation, shelter, whether congregate or otherwise, sustenance, and care of persons within the Commonwealth who may be in need thereof and request the same, because of their inability to secure adequate fuel for their homes or places of abode by reason of the scarcity thereof.

2. The Committee shall take such action as it deems advisable to provide facilities for the transportation and shelter of persons referred to in paragraph 1 hereof. The Committee shall co-operate with the American Red Cross and with all other agencies referred to in para- graph 1 hereof, and may use such facilities as may be made available by said agencies in carrying out the provisions of this order.

3. In executing the power and authority conferred upon it by this order, the Committee may incur obligations only to the extent that the same may be authorized or approved by the Commissioner.

4. The Commissioner is hereby further authorized and directed to provide food, clothing, medical services, equipment and such other care or aid as he may deem necessary for those persons referred to in paragraph 1 hereof who are quartered in shelters pursuant to the provisions of this order and who may be unable to provide the same for themselves.

5. The Commissioner is hereby authorized and empowered to receive and expend such funds for the purpose of carrying out the provisions of this order as may be made available by the General Court, by the Governor and Council, by the Government of the United States or any agency thereof. In making expenditures for the purpose of carrying out the provisions of this order the Commissioner shall comply with the laws, rules, and regulations applicable to the expenditure of state funds.

6. The Commissioner is further authorized and empowered, in carrying out this order, to act through such agents as he may designate, and to prescribe such rules and regulations therefor as he may deem proper and desirable.

7. The State Comptroller is hereby authorized to certify for payment liabilities incurred by the Committee which have been approved by the Commissioner, and liabilities incurred by the Commissioner pursuant to this order, provided that full and properly approved vouchers therefor have been filed with the State Comptroller, and provided that the Commissioner certifies that they are proper charges. The State Treasurer is hereby authorized and empowered to pay liabilities so certified by the State Comptroller upon the order of the Governor, with the advice and consent of the Council.

8. The Commissioner is hereby further authorized and empowered to procure advances of money from the State Treasurer, and said State Treasurer is hereby authorized and empowered to make such advances pursuant to, and in accordance with, General Laws (Ter. Ed.) chapter 29, sections 23, 24, and 25, for the purpose of carrying out this order.

9. The Commissioner is hereby further authorized and empowered to execute or to ratify in the name of the Commonwealth contracts entered into for the purpose of carrying out this order.

10. The Commissioner shall keep records of all persons receiving assistance under the provisions of this order. Said records shall specify the names and addresses of such persons, the dates on which assistance was provided, and the type of assistance provided. Such records shall not be deemed to be public records, but shall be confidential. The information contained therein may be disclosed by the Commissioner in his discretion and subject to such conditions as he may prescribe, for such purposes as in his opinion may be necessary and proper in connection with the administration of this order.

11. The receipt by any person of assistance or relief furnished pursuant to this order, including in such term temporary removal from his place of residence, shall not be deemed or held to affect in any manner the acquisition or retention of settlement rights of such person in any city or town of the Commonwealth.

GIVEN at the Executive Chamber in Boston, this twenty-first day of December, 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-seventh.

By His Excellency the Governor,
LEVERETT SALTONSTALL.

FREDERIC W. COOK,
Secretary of the Commonwealth.