Executive Order  No. 49: (1st Series) Purchases by local governments of coal burning heating systems

WHEREAS, the facilities for the transportation of fuel oil into the New England states have been limited by the prosecution of the existing war, thereby drastically reducing the available supply of fuel oil; and

WHEREAS, the Government of the United States has demanded that all oil burning heating equipment be converted forthwith into coal burning heating equipment wherever it is possible and practical to make such conversion; and

WHEREAS, the counties, cities, towns and districts of the Commonwealth are required by law to enter into written contracts or to post or otherwise advertise for bids for the purchase of supplies or equipment and the installation thereof, including heating equipment necessary for the conversion of oil burning heating systems to coal burning heating systems, when the amount involved exceeds certain fixed sums; and

WHEREAS, time is of the essence and compliance with said provisions of law would result in irreparable damage to the public welfare and undue delay in procuring necessary priorities to obtain the equipment, materials and supplies required to effect said conversion:

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 (12), 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.

Those provisions of law which require the execution of a written contract or the posting, advertising in a newspaper or other publication of a notice inviting bids for the purchase of supplies or equipment, and the installation thereof by counties, cities, towns or districts of the Commonwealth, shall not be deemed to apply to the purchase and installation of equipment, materials or supplies required for the conversion of an oil burning heating system to a coal burning heating system; or to the purchase and installation of any heating system designed to burn fuel other than fuel oil.

General Laws (Ter. Ed.) chapter 34, section 17, chapter 43, section 28, and the provisions of any other law, charter, ordinance or by-law in so far as they may be inconsistent with this order are hereby suspended.

GIVEN at the Executive Chamber in Boston, this sixth day of January, in the year of our Lord one thousand nine hundred and forty-three, 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.