RAMSEY COUNTY “Abide with Me” Grace Craig Stork, 1916 Rebecca A. Ebnet-Mavencamp —Page 10 HıstoryA Publication of the Ramsey County Historical Society Fall 2016 Volume 51, Number 3

A Workplace Accident John Anderson’s Fall from the High Bridge

John T. Sielaff, page 3

Towering above the Mississippi River flood plain, St. Paul’s Smith Avenue High Bridge, seen here in a 1905 postcard, connected the city’s oldest residential neighborhood, West Seventh Street, with its newest at the time, Cherokee Heights, or the Upper West Side. John Anderson, a painter working on the bridge in 1902, fell and survived the accident. His story tells us much about the dangers in the workplace then and now. Photo by the Detroit Photographic Company, courtesy of the Minnesota Historical Society. RAMSEY COUNTY HISTORY RAMSEY COUNTY President Chad Roberts Founding Editor (1964–2006) Virginia Brainard Kunz Editor Hıstory John M. Lindley Volume 51, Number 3 Fall 2016 RAMSEY COUNTY HISTORICAL SOCIETY the mission statement of the ramsey county historical society BOARD OF DIRECTORS adopted by the board of directors on January 25, 2016: James Miller Preserving our past, informing our present, inspiring our future Chair Jo Anne Driscoll First Vice Chair Carl Kuhrmeyer C O N T E N T S Second Vice Chair Susan McNeely 3 A Workplace Accident Secretary Kenneth H. Johnson John Anderson’s Fall from the High Bridge Treasurer John T. Sielaff William B. Frels Immediate Past Chair 10 “Abide with Me” Anne Cowie, Cheryl Dickson, Mari Oyanagi Grace Craig Stork, 1916 Eggum, Thomas Fabel, Martin Fallon, Rebecca A. Ebnet-Mavencamp John Guthmann, Susan Handley, Richard B. Heydinger, Jr., Janine Joseph, Sandy Kiernat, Judy Kishel, David Kristal, Robert W. Mairs, 18 “Production for Victory”: Father Kevin M. McDonough, Nancy W. The Ford Twin Cities Assembly Plant in World War II McKillips, Lisa Dickinson Michaux, Jonathan H. Morgan, Robert Muschewske, Brian McMahon Chad Roberts, Roxanne Sands, James A. Stolpestad, Susan Vento, Jerry Woelfel. 25 Growing Up in St. Paul EDITORIAL BOARD Streetcars: A Way of Life Anne Cowie, chair, James B. Bell, Thomas H. DeAnne Marie Cherry Boyd, John Diers, Martin Fallon, John Guthmann, Lisa L. Heinrich, John M. Lindley, Publication of Ramsey County History is supported in part by a gift from Greg Mackey, James Miller, John Milton, Laurie M. Murphy, Robert Muschewske, Paul D. Clara M. Claussen and Frieda H. Claussen in memory of Henry H. Cowie Jr. Nelson, Jay Pfaender, David Riehle, Chad and by a contribution from the late Reuel D. Harmon Roberts, Steve Trimble, Mary Lethert Wingerd. HONORARY ADVISORY BOARD William Fallon, William Finney, George A Message from the Editorial Board Latimer, Joseph S. Micallef, Marvin J. Pertzik, James Reagan. n this issue, we are reminded how workplace conditions in Ramsey County reflect RAMSEY COUNTY COMMISSIONERS Isocial and political realities. Brian McMahon gives us a look at St. Paul’s Ford As- Commissioner Victoria Reinhardt, chair sembly Plant during World War II, when the facility was retooled for the war effort. Commissioner Toni Carter Commissioner Blake Huffman Many workers, including women, were hired to manufacture parts for Pratt & Whitney Commissioner Jim McDonough airplane engines and the M-8 armored car. John Sielaff details the story of John An- Commissioner Mary Jo McGuire derson, a painter who suffered severe injuries in a fall when he was painting the High Commissioner Rafael Ortega Commissioner Janice Rettman Bridge in 1902. In the days before Workers’ Compensation was enacted in Minnesota, Julie Kleinschmidt, manager, Anderson’s legal claim against his employer took a convoluted journey through the Ramsey County court system. Rebecca Ebnet-Mavencamp shares a social history of the Stork family, Ramsey County History is published quarterly who lived on Cleveland Avenue. Although Clinton Stork worked at the H.B. Fuller by the Ramsey County Historical Society, 323 Company, this story concentrates on family, especially the debilitating illness of Grace Landmark Center, 75 W. Fifth Street, St. Paul, MN 55102 (651-222-0701). Printed in U.S.A. Copy- Stork, examined through compassionate diary entries of her daughter. right © 2016, Ramsey County Historical Society. As a final note, don’t forget we have podcasts available too. Paul Nelson has a won- ISSN Number 0485-9758. All rights reserved. derful interview with former Mayor George Latimer, and his latest podcast takes a look No part of this publication may be reprinted or otherwise reproduced without written at one of our earliest and most interesting settlers, Harriet Bishop. Check them out at permission from the publisher. The Society www.rchs.com. assumes no responsibility for statements made by contributors. Fax 651-223-8539; e-mail address: Anne Cowie [email protected]; web site address: www.rchs.com Chair, Editorial Board

2 RAMSEY COUNTY HISTORY A Workplace Accident John Anderson’s Fall from the High Bridge

John T. Sielaff n May 20, 1902, John Anderson, a painter working as part of a crew in 1898 when that ship made a famous repainting the St. Paul High Bridge, fell 125 feet into the Mississippi 14,000-mile voyage from the West to River. Miraculously, though both legs and his hip were broken and his East coast to join the Atlantic fleet at O the outset of the Spanish-American War. forehead was cut open as he hit the bridges’ footing, he survived the fall and The Oregon participated in the Battle was able to swim to safety. Local newspapers dramatized the story, adding of Santiago, Cuba, on July 3, 1898, details, some of which later proved false. The St. Paul Pioneer Press reported where the Spanish navy suffered a deci- that, as Anderson stepped over a can of paint on a plank that was suspended sive defeat. There are, in fact, two John under the bridge, the board broke. The St. Paul Globe repeated the broken- Andersons found on the crew list for the plank story and added that it appeared that the painter was preparing to “take Oregon at that time, one a sailmaker and one a seaman.2 the water in the accepted sailor fashion” but a strong wind blew him off course and he hit an iron girder on the way down, as well as the stone pier at the bot- John Anderson’s Origins tom of the bridge. Born in February of 1874, Anderson had first gone to sea at the age of 14. He joined Surfacing immediately, Anderson started out, Anderson told his rescuers that his the U.S. Navy in September of 1895, and swimming for shore as his fellow paint- mother was not to be informed. She had between then and his discharge in October ers began shouting to men on the bank recently been hospitalized, and he was 1901, he had been stationed in ports the 1 to rescue their comrade. A swift current afraid the shock would kill her. world over including the Brooklyn Naval carried him 100 yards down river while Both the Pioneer Press and the Globe Yard, Australia, San Francisco, Hong several rowboats were launched, and he stated that Anderson was 28 years old and Kong, and Shanghai. was pulled out of the water just before had been a sailor in the U.S. Navy, serv- In 1900 Anderson saw action dur- his strength gave out. Before passing ing aboard the battleship U.S.S. Oregon ing the Philippine-American War and he is found in the 1900 U.S. Census in Manila Bay on board the U.S.S. Culgoa, a refrigerator ship responsible for sup- plying the U.S. Army in the Philippines with beef from Australia.3 Working at sea and in high places had, perhaps, prepared him better than his fellow painters for the accident, and he “was considered to be the coolest head at his business on the job.”4 The Globe also reported that Anderson lived at 616 Maryland Avenue with his mother, and that he had been visited in the hospital by his stepfather, George Nelson. The 1902 St. Paul City Directory listed John Anderson and George Nelson, both painters, living at that address. George Nelson, born in Sweden in 1848, is found in the 1900 U.S. and 1905 Minnesota In early May 1902, the Pioneer Press published an article about the men who were painting censuses, but Anderson was not part of the High Bridge which included this photo of John Anderson, number 4, along with three of his his household in those years. Anderson fellow workers. After Anderson’s accident and his remarkable rescue from the river, the news- paper reprinted the photo on May 21st along with a long account of the incident. Photo cour- claimed that he had only been in Minnesota tesy of the Minnesota Historical Society. for four months prior to the accident.

RAMSEY COUNTY HISTORY 3 This 1889 photo taken from the Upper Levee flats on the north side of the Mississippi shows how the High Bridge rises at a continuous 4% grade. Photo by the Northwestern Photo Company, courtesy of the Minnesota Historical Society.

Anderson’s mother, Emma Nelson, was provided insurance either on a voluntary what was needed for funeral expenses. born in Sweden in 1849 and, according to or compulsory basis, with the cost passed Many local unions were close-knit groups the 1900 Census, had emigrated in 1895. on by an unpopular 1½ or 2 per cent as- of friends and also sponsored fundraisers Although John Anderson claimed in his sessment. Participation in such insurance to benefit the families of deceased mem- 1900 Census listing that he was born in also required the employee to waive the bers. For example, in addition to having Minnesota, he may have actually been right to sue if injured, which made such a $100 death benefit, the Journeymen born in Sweden. His death record identi- programs doubly detested.6 Stonecutters Union local would custom- fies him as a Swede, and both Twin Cities In the 1870s John Hancock Mutual arily raffle off the tool kit of the late mem- Swedish newspapers reported the accident Life Insurance and others began mar- ber for the benefit of the widow.8 as if it would be of interest to their readers. keting life insurance to lower-income Beyond this patchwork system, fami- The identity of Anderson’s birth father, the families to be paid with weekly pay- lies of workers disabled or killed on the town where he was born, and where John ments of as little as five cents; however, job were left to fend for themselves, lived before he went to sea at the age of 14 the intent of this protection was only to and the courts were long considered the is a mystery.5 cover funeral expenses. Many fraternal appropriate place for workers to bring and ethnic organizations also offered co- claims when businesses were negligent. Handling Workplace operative insurance, and between 1880 Unfortunately for the victims of many Accidents in 1902 and 1900 nearly one third of American workplace accidents, the law also pro- Today we would find it outrageous if an workers subscribed to some form of co- tected employers from paying for injuries employer required its workers to paint operative insurance. Some of these or- they had not directly caused. Whenever wrought-iron bridge girders at a 125-foot ganizations, such as the Ancient Order there was an accident in which the cause height with no fall protection or accident of United Workmen, focused on life in- could not clearly be determined, the loss, insurance, but of course, this was com- surance and, like the commercial firms, it was said, “must lie where it falls.” That mon practice in 1902. Before Minnesota premiums and payments were modest. is, the liability must remain with the vic- first enacted Workers’ Compensation Others, such as the Independent Order tim and could not be transferred to an Insurance in 1913, most workers were on of Odd Fellows and the Knights of employer or anyone else. their own to deal with the consequences Pythias, featured temporary sickness and If an injury or death resulted in a law- of workplace injuries. A few large com- disability benefits for members.7 suit, employers were allowed to avoid panies, such as Carnegie Steel Company In St. Paul by 1900 most, though not being held responsible by using the three in Pittsburg, instituted insurance for its all, unions also provided sick and death common law defenses: “assumption-of- employees to foster company loyalty and benefits to members. Sick funds typically risk” (that is, the worker had assumed as a paternalistic tactic to thwart union paid from $3 to $7 per week for a maxi- the risks when he took the job); “con- agitation. For companies not occupying a mum of 13 weeks. Death benefits ranged tributory-negligence” (the injury was dominant place in their industry, however, from $50 to $200, with the Brotherhood partially the result of the worker’s own competition made the cost of insuring em- of Rail Road Trainmen’s payout of $1,200 negligence); and “fellow-servant” (the ployees prohibitive. Some smaller firms being the only one to go well beyond injury was the fault of a co-worker). As

4 RAMSEY COUNTY HISTORY the industrial revolution progressed, this His employers, Michael F. Fielding and for the injured painter, but in December system was increasingly seen to be inad- Louis E. Shepley of Fielding and Shepley, the Globe reported that the excursion had equate in dealing with the large number well connected in the local business com- never taken place and Anderson had asked of “faultless” accidents in the mines, fac- munity, were not painting contractors as the City Prosecutor to arrest Thompson, tories, and on the nation’s railroads. such, but their firm specialized in con- who had apparently sold tickets and sim- Social scientist Crystal Eastman, in tract work for the city of St. Paul. Over ply kept the money.15 a pioneering study done in 1906–1907, the sixteen years they had been in busi- In August of 1902 Anderson initiated a examined 410 work fatalities in the ness, they had done garbage collection, lawsuit in Ramsey County District Court Pittsburgh, Pennsylvania, area and found as well as street paving and repair. In the against Fielding and Shepley, suing his that only 117 could have been, in any awarding of city contracts, aldermen were part, the fault of the victim. In addition, heavily lobbied by organized labor (with employer for $15,000 claiming the equip- many of these so-called self-inflicted ac- mixed results), to hire only firms friendly ment he had been forced to work with was cidents could be explained by poor train- to unions. Earlier that year, when the unsafe. The suit was initially thrown out ing caused by inexperience, ignorance, or contract for repainting the Selby Avenue by Judge Edwin Jaggard “for failure of inability to communicate in English. and Fort Snelling bridges was awarded, the proof to conform to the pleadings,” Eastman contrasted this evidence with Fielding and Shepley agreed to hire union but Anderson’s lawyers, S.C. Olmsted the common assertion of the employ- painters “if possible.”12 However, in a and Charles H. Taylor, were allowed to ers and managers she had met that 95% newspaper interview a week before the resubmit the case. of all work accidents were the result of accident, H.H. Thompson, foreman of The new suit, now for $25,000 (or worker carelessness. She also discovered the High Bridge job, said that all of the $20,000 in some accounts) was tried be- that workers and their families bore most twenty-two men working on the bridge fore a jury in January of 1903 with Judge of the cost of work accidents. In over half were iron workers rather than painters, of the accidents which resulted in death Grier M. Orr presiding. Orr, just elected since painters were unaccustomed to or disability, the employer paid either to the District Court, had for the previous working at such heights.13 nothing or less than $100. She observed eight years been a popular judge in St. Paul St. Paul’s labor newspaper, the Minne­ that with so little liability, the employer Municipal Court. He would go on to be re- sota Union Advocate, regularly reported had little incentive to prevent accidents.9 elected at the District level until retiring in Some social reformers compared victims on the meetings of Painters’ Local 61, and they made no mention of the accident. So 1930. Anderson was fortunate to have the of the industrial revolution to Civil War judge grant him a jury trial, and his lawyer casualties and a consciousness began to probably Anderson was not a union mem- ber. Moreover, the Painters’ Union, un- spent an entire day in carefully choosing emerge that society had an obligation to his jury. In cases where workers were pit- the families who were left impoverished like stronger organizations such as that of 14 ted against their bosses, “bench trials,” de- by workplace accidents.10 the carpenters, did not have a sick fund. In 1902 when John Anderson’s fall oc- Incredibly, H.H. Thompson, the foreman cided by a judge were notoriously known curred, however, if an injured worker felt for Fielding and Shepley, supposedly or- to favor business owners; whereas jury tri- a mishap was not his or her fault, their ganized a “riverboat excursion” fundraiser als almost always favored the employee.16 only recourse was to go to court to sue an employer who would be quick to deny re- sponsibility for the accident. Three days after Anderson’s fall, the Globe reported: Bridge Engineer Edmonstone, of the city engineering department, has investigated the accident and arrived at the conclusion that it was entirely due to Anderson’s careless- ness in tying his knots. The foreman of the painting crew claims that only a half an hour before the accident occurred he threatened to discharge Anderson if he did not use more care in protecting himself. Edmonstone’s “investigation” evidently consisted of an interview with the con- tractor’s foreman.11 Anderson, being a new resident of the In about 1891 photographer Frank Jay Haynes took this photo of the West Seventh Street neighborhood in St. Paul with the High Bridge in the middle background. The bridge con- city, had no network outside his family to nected the newly annexed Upper West Side to the older parts of the city. Photo courtesy of the help him financially through this crisis. Minnesota Historical Society.

RAMSEY COUNTY HISTORY 5 Anderson’s Case at Trial chair (boson’s chair), a simple device together, but the chair was still fastened to The trial featured “scaffolding, pulleys, consisting of a board with holes drilled a 120-foot rope, and when it and Anderson rope ladders,” and an eight-foot replica in each end to make a kind of swing for came to the end of the rope, there was a of the St. Paul High Bridge. Nineteen the worker to sit on. This chair was rigged tremendous jerk which evidently broke witnesses were called to the stand in the with a block and tackle pulley system that the painter’s legs and threw him off on a trial. They included Anderson and many was fastened to a secure part of the bridge course towards the stone pier supporting of his fellow workers for the plaintiff above where he was painting. The block the structure of the bridge.17 while the defendants called Louis H. and tackle allowed Anderson to raise or Anderson contended that the block Shepley, partner in the defendants’ firm; lower himself as he worked on the iron and tackle provided by the contractor was H.H. Thompson, his foreman; and several girders under the bridge. To paint all sides unsafe: it had a single hook and he had other contractors as “expert witnesses.” of the girders, the painter was required to always used a double-hook tackle when Trial testimony diverged from the earlier swing himself around the supports, often painting ships while he was a sailor. The newspaper story in some respects, but it wrapping his legs around the members defense claimed that the single-hook sys- helped to clarify what had happened in of the bridge to hold himself in position. tem was perfectly safe and the only type the May accident. While performing one of these contortions, in use in the painting industry. Anderson Anderson had been suspended under Anderson’s pulley system came unhooked. had done quite a bit of painting, but since the High Bridge sitting on a boatswain’s The boatswain’s chair and Anderson fell he had spent almost his entire adult life St. Paul’s High Bridge: 1889–1985 St. Paul’s High Bridge, 182 feet above Company of Pittsburgh, Pennsylvania. triangles to transfer the weight to the the Mississippi and extending over a The design called for a series of spans piers, whereas lattice or plate girders half mile, was considered the high- ranging from 40 to 250 feet. The longer were sufficient for shorter spans. est bridge of such length in the world spans used a truss system of equilateral Like all iron structures, the High Bridge when it opened in 1889. It joined the needed ongoing inspection and mainte- earlier bridges at Wabasha Street (first nance. Major reconstruction was required built of wood in 1856) and Robert in 1904 when winds measured in excess of Street (1886), linking the businesses 180 mph destroyed the southernmost 600 and factories of downtown St. Paul with feet of the bridge. In 1958 the old wood the more residential West Side. The deck was replaced with concrete, and $500,000 High Bridge, by far the most engineers decided that the periodic sand- expensive bridge the city had under- blasting and repainting be discontinued taken, was also considered beneficial in as it was doing more harm than good, and giving farmers in Dakota County to the also masking structural problems. During south a more efficient method of getting the 1970s and ’80s several hundred thou- their produce to the city. sand dollars were spent on maintenance, Much of the credit—and blame— but in July 1984 the bridge was declared for getting the bridge built goes to unsafe and it was permanently closed. On Robert A. Smith who championed the Sunday, February 24, 1985, thousands of cause simultaneously as mayor of St. St. Paulites watched as strategically placed Paul and as a state senator. Charging explosives demolished the old High Bridge that the structure was extravagant and to make way for the present structure.1 mainly benefited West Side property owners, Republicans were able to de- Note feat the Democrat Smith in the 1892 1. St. Paul Globe, September 14, 1889, p. 2; August mayoral election. 31, 1902, p. 23; Michael R. Louis, The Significance Work on the bridge’s stone piers St. Paul Mayor (1887–1892) and Minnesota of the High Bridge in the Early Development of St. was subcontracted to McMullen and State Senator (1886–1890) Robert A. Smith Paul (Oakdale, Minn.: Minnesota Department of Miller of Minneapolis, but to provide convinced the legislature to authorize St. Transportation, Oakdale District Office, 1979), 4, 5; the superstructure consisting of nearly Paul to issue $500,000 in bonds to pay for St. Paul’s High Bridge 1889–1985: A Photo­Essay of the building of the High Bridge and the City the History of a St. Paul Landmark (Oakdale, Minn.: a million pieces of wrought iron riveted Council to back constructing the bridge. together, the St. Paul Council chose Charles A. Zimmerman photo. Photo cour- Minnesota Department of Transportation District Andrew Carnegie’s Keystone Bridge tesy of the Minnesota Historical Society. Nine, 1985), 8, 13–14, 18–21, 41.

6 RAMSEY COUNTY HISTORY at sea, most of his work was shipboard. Anderson and his lawyer, appealed the He had worked for the St. Paul painting granting of a new trial to the defendants.21 contractor, Bazille and Partridge, for two According to a coroner’s report filed weeks just prior to the High Bridge job, in Ramsey County, John Anderson died but this was his only experience paint- on September 25, 1903, of peritonitis. ing on land. Thus the sailor’s familiarity He never lived to know the Supreme Court’s ruling. The report identified him and competence to work with equipment as a Swede of 30 years age and his oc- common to the on-land painting industry cupation is given as “marine.” As if to was questioned. Ironically, as mentioned add a final insult, theGlobe on October 2, earlier, virtually none of the men working 1903, mistakenly listed his death as “Mrs. on the bridge were painters by trade.18 John Anderson, Bethesda Hospital, 30 To bolster their case, Anderson’s lawyer yrs., Sept. 25.”22 Given the state of medi- called other painters who had used the dou- cal knowledge at the turn of the twenti- ble-hook system working in high places. eth century, Anderson’s “peritonitis” may Anderson also claimed that he had re- have been the result of internal injuries quested, and the foreman, H. H. Thompson, caused by his fall or perhaps the attend- had promised, that he would obtain a dou- Judge Grier M. Orr, seen here in 1914, ing physician may have misdiagnosed ble-hook block and tackle as soon as pos- presided at the 1903 jury trial of John the cause of death. There is no evidence Anderson’s lawsuit for damages from his sible. The promise would have constituted that an autopsy was performed. Whatever accident. Photo courtesy of the Minnesota the case, Anderson never saw any of the both an admission on the contractor’s part Historical Society. $4,000 which the jury had awarded him.23 of the efficacy of the double-hook sys- Anderson died intestate; however, a tem and, more importunately, shown that An Error in the Trial probate was filed in Ramsey County on Anderson, since he had been promised October 9, 1903, by his widow, Bothilda safer equipment, had not assumed the risk Then in April of 1903, in a huge setback for Anderson, the contractors requested Anderson for the estate which consisted of using the single hook. Thompson denied and were granted a new trial by Judge of belongings valued at less than $10 and having made the promise and said that he “a claim against Fielding and Shepley for Orr on the grounds that there was “an personal injuries.” Where did this wife had noticed that Anderson was careless in error in the exclusion of expert testi- come from? In the 1900 Military Census, tying his knots and had warned him to be mony.” During the trial, the judge had Anderson stated that he had been married more cautious. The foreman claimed that ruled much of the contractors’ witnesses’ since 1898, but when he was asked for a this sloppiness was the cause of the acci- testimony inadmissible, and now he ap- U.S. address he gave that of his mother dent. Several of the other painters corrobo- peared to be reconsidering. Orr had just rated Anderson’s account, calling into ques- and stepfather in St. Paul. recently been elected district court judge We learn from the probate filing that tion the honesty of the foreman.19 and this was his first case. After all, to im- Bothilda lived in New York City and had After a week in court, the jury delib- press the judge and jury, the defense had requested that John’s brother, Charles, be erated and awarded Anderson $4,000. called Oliver Crosby, the widely known appointed administrator of the estate. At Judge Orr might have been surprised by president of American Hoist and Derrick the trial, while reviewing his naval career, the verdict, since in his charge to the jury Company in St. Paul, as an expert witness. Anderson said that he was discharged from he explained that legally the contractors Although Crosby’s testimony may have the service at the Brooklyn Naval Yard on only “were required to furnish a reason- strengthened the contractors’ case, Fielding September 9, 1898, but then reenlisted on ably safe and proper appliance . . . , and and Shepley, though they carried no insur- the 15th, only six days later. This seems to were not required to select and furnish ance for their employees, had prudently be the only possible period during which the safest or most approved appliance opted to protect themselves in advance of he could have gotten married. Did he have undertaking this painting contract with lia- in general use.” Before the case went to a whirlwind romance at that time? Had he bility insurance and were protected by a the jury, the contractors’ attorneys had previously known Botilda? Did he re-up for “contract of indemnity.” Perhaps this policy, asked Judge Orr for a “directed verdict” another four years in the navy trying to sup- which would have covered the $4,000, re- port his new wife or to escape from an un- in their favor contending that, contrary quired them to contest the jury’s verdict.20 comfortable situation?24 to Anderson’s opinion, the single-hook Both parties subsequently appealed On December 31, 1903, Judge Orr al- block and tackle was perfectly safe and Judge Orr’s orders, and the case went to lowed John Anderson’ brother, Charles A. widely used in the painting industry. This the Minnesota Supreme Court, which was Anderson, administrator of his will, to be had been denied; however, Fielding and not scheduled to meet until the following substituted as plaintiff since, “the case is in Shepley were granted a stay of 60 days in year. The defendants appealed the denial the Supreme Court on the appeal, and a live paying the $4,000 judgement. of the directed verdict and the plaintiffs, plaintiff was deemed necessary.” 25 Finally,

RAMSEY COUNTY HISTORY 7 in April 1904, almost two years after the ac- cident, Minnesota Supreme Court Justice How Minnesota Adopted W.B. Douglas: (1) affirmed the denial of the defendant’s motion for a directed verdict; Workers’ Compensation and (2) affirmed the granting of a new trial. Thus, the Supreme Court, agreed with the John Anderson’s case was just one of resented the Minnesota State Federation contention of the contractors’ lawyers that thousands of uncompensated injuries of Labor on the commission, admitted the “expert testimony” of their witnesses suffered by American wage earners that the legislation fell “far short of our had been unfairly excluded, remanded the in 1902. Though sad, it dramatically ideal;” while other unionists said “the matter back to the District Court, and stated illustrates the situation for workers compensation law is a joke, if a pathetic that the proceeding there would be “as if and employers under the traditional 3 one.” there had never been any trial.”26 negligence liability system, and why In comparison to the twenty-one groups representing both sides worked On August 25, 1904, lawyer Olmstead other states with workers’ compensation refiled the amended case in Ramsey County to change the system. laws in 1913, Minnesota’s law was one Employees rarely resorted to the Court, now with Charles Anderson as plain- of the stingiest, but improvements were tiff, asking for a judgment of $5,000 against courts against wealthy and powerful made over the next few years, and by bosses. In a 1907–1908 survey done Fielding and Shepley for the widowed 1921, when workers in almost all states Bothilda Anderson.27 Since Anderson was in the Pittsburgh area, out of 355 work were covered, Minnesota had the tenth fatalities only 27 resulted in law suits.1 dead, the case, however, could only be most generous system. Most notably, continued if his death was deemed to have However, in cases of severe injury the payout was raised from half to two or death, and if a lawyer was willing been the result of the accident in May 1902. thirds of the claimant’s wage and insur- Olmstead’s brief made this contention, but to work on a fee-contingency basis, a ers were required to cover all medical worker or his survivors had little left there is no evidence of the case being pur- costs rather than a limited amount. sued further, which indicates that it was im- to lose in going to court. Though the On one point, though, unions were laws had traditionally favored busi- possible for Olmstead to prove the death was unable to make any progress. By 1919 caused by the fall. ness, by 1908 the Minnesota State Bar North Dakota, Ohio, West Virginia, Association and other groups were pro- Court documents describe Anderson’s and several other states had govern- posing the elimination of the traditional injuries in detail and include a compound ment-funded workers’ compensation common-law defenses. While workers hip fracture, four breaks in his right leg systems, which labor saw as both more like Anderson were at disadvantage which resulted in it being shorter than economical and friendly to the injured in long-term litigation against busi- the left, fractures of the left leg, a serious ness owners, legal action was costly worker than for-profit insurance. On gash in his head, and numerous contu- for bosses also, and the courts were the issue of state insurance, unions sions and bruises. At the trial Anderson becoming less reliable for employers were unable to defeat the business had testified that his weight had dropped when cases were tried before juries.2 lobby and Minnesota workers’ com- from his regular 165 to only 138 and his One might think organized labor pensation is primarily provided by pri- 4 health was “going down all the time.” On spearheaded the effort to enact work- vate insurance companies to this day. the other hand, Dr. Arthur B. Ancker who ers’ compensation, but this was not Notes treated Anderson during his 63-day hos- the case. The unions’ experience with pitalization, testified as a witness for the both major political parties initially 1. Crystal Eastman, Work­Accidents and the Law defense that “at the end of a year the man led them to oppose change, believing (New York: Charities Publications Committee, 1910), should be in very good condition.”28 On that any new legislation would favor 121–22. September 30, 1903, John Anderson was employers over workers. 2. Theda Skocpol, Protecting Soldiers and Mothers: laid to rest in St. Paul’s Forest Cemetery. After 1905 though, when change The Political Origins of Social Policy in the United The fact that his grave is unmarked may seemed inevitable, labor got on board. States (Cambridge, Massachusetts: Harvard Univer- be further evidence that no money was In 1909 Governor John A. Johnson sity Press, 1992), 289. ever recovered by his family.29 appointed a nonpartisan commission 3. Minneapolis Labor Review, April 25, 1913, p.1 made up of representatives from busi- (quotation); Minnesota Union Advocate, November 8, John Sielaff is a retired carpenter who has ness, labor, and the Bar Association that 1908, pp. 1, 8; March 21, 1913, p. 1; June 20, 1913, p.1. spent many hours researching the lives was charged with developing a com- 4. Shawn Everett Kantor and Price W. Fishback, of Minnesota State Capitol construction pensation system to present to the leg- “How Minnesota Adopted Workers’ Compensation,” workers. He has many thanks for the help islature. It took several years to resolve The Independent, 2:4 (Spring 1998), found online at: he received from Mary Miller, an attorney differences, and the law was not enacted http://www.independent.org/pdf/tir/tir_02_4_kantor. who explained many of the legal myster­ until 1913. William McEwen, who rep- pdf, 562, 563, 567, 569, 574. ies of the Anderson case to him. This is his second article in this magazine.

8 RAMSEY COUNTY HISTORY Endnotes

1. St. Paul Globe, May 21, 1902, p. 2; St. Paul (St. Paul: Great Western Printing Company, 18. Anderson v. Fielding, 17–18; Pioneer Pioneer Press, May 21, 1902, p. 2; Anderson’s 1904), 16, 133. Press, May 14, 1902. mother, Emma Nelson, did, in fact die on 7. Witt, 71–102. Cooperative insurance traced 19. Anderson v. Fielding, 117, 119, 120, 132, September 5, 1902 (St. Paul Globe, September 9, its origins to the Ancient Order of United 142, 145, and 168. 1902, p. 10). The account of the accident given Workman founded in Pennsylvania in 1868. 20. Anderson v. Fielding, 254–5; St. Paul in the Swedish-language Svenska Amerikanska Early leaders in this movement saw cooperative Globe, August 24, 1902, p. 7; October 28, 1902, Posten on May 30, 1902, was shorter though more insurance as part of a larger movement to usher p. 3; October 29, 1902, p. 2; January 7, 1903, p. accurate than the earlier stories. The Minneapolis in a cooperative commonwealth of economic 6; January 8, 1903, p. 4, January 10, 1903, p. 10; Tidende, May 23, 1902 (also Swedish), simply institutions. January 13, 1903, p. 10; January 14, 1903, p. 10. translated the Pioneer Press story. 8. Martin F. McHale, Seventh Biennial Report 21. Globe, April 21, 1903, p. 2. 2. “Voyage of the USS Oregon,” Patrick of the Bureau of Labor of the State of Minnesota 22. Death Record, John Anderson, September 25, McSherry, found at www.spanamwar.com 1899–1900 (St. Paul: Pioneer Press Co., 1900), 1903, Ramsey County; St. Paul Globe, October 2, 3. Ramsey County District Court Civil Files, 301–4; 1890 Constitution and By­Laws of the 1903, p. 10. John Anderson vs. Fielding & Shepley, Case Journeymen Stonecutters’ Association of North 23. St. Paul Globe, January 3, 1904, p. 11; #86824, January 1903, 1–2, 49–53 (hereinafter America, (St. Paul: L.M. Fisher, 1890), 24-5; St. April 30, 1904, p. 2; Minneapolis Journal, April cited as Anderson v. Fielding); 12th Census of Paul Globe, October 1, 1899, p. 12. 29, 1904, p. 9. the United States 1900, Military and Naval 9. Crystal Eastman, Work­Accidents and 24. 1900 Census; Anderson v. Fielding, 53; Population, U.S.S. Culgoa, Manila, Philippine the Law (New York: Charities Publications Probate for John Anderson, #12650, Ramsey Islands, Sheet No. 1A. Committee, 1910), 86, 119–131, 165. County. Filed September 2, 1904. 4. St. Paul Globe, May 21, 1902, p. 2. 10. Theda Skocpol, Protecting Soldiers and 25. St. Paul Globe, January 3, 1904, p. 11. 5. St. Paul Globe, May 22, 1902, p. 2; St. Paul Mothers: The Political Origins of Social Policy 26. Supreme Court of Minnesota, Anderson v. City Directory 1902; Anderson v. Fielding, in the United States (Cambridge, Mass.: Harvard Fielding et al., 92 Minn. 42 (1904), (two cases). 1-2; 12th Census of the United States 1900, University Press, 1992), 291; Witt, 43–45. April 29, 1904. “The law of this state is that a Enumeration District 65, Sheet 10. In this report negligent act will not be excused by the fact that 11. St. Paul Globe, May 23, 1902, p. 2. George and Emma Nelson are misidentified as it is customary. Proof of custom, however, is “Nelson Nelson” and “Emily Nelson” and are 12. St. Paul Globe, February 19, 1902, p. 3; evidence, but not conclusive as to whether the living at 622 Maryland with their 11-year-old Anderson v. Fielding, 1; St. Paul Globe, July 24, act is negligent. This rule applies to the act of son, Martin. John Anderson gave the same ad- 1896, p. 7; October 4, 1898, p. 3; February 19, selecting and furnishing tools and appliances for dress for his U.S. home in the 1900 Census. The 1902, p. 3; February 22, 1902, p. 2. the use of employees … . It is further ordered report also claims that “Emily” had only given 13. Pioneer Press, May 14, 1902. that the order of the trial court be affirmed on birth to one child which, if true, means that she both appeals, and the case be remanded to the 14. John O’Donnell, Eighth Biennial Report of was not the birth mother of both Martin Nelson district court for further proceedings in accor- the Bureau of Labor of the State of Minnesota and John Anderson; Svenska Amerikanska dance with this opinion.” (St. Paul: Pioneer Press Co., 1902), 462, 474–5. Posten on May 30, 1902; Minneapolis Tidende, 27. There was a $5,000 limit on such claims, set 15. St. Paul Globe, December 10, 1902, p. 2. May 23, 1902. out in the statute that allowed an Administrator 16. St. Paul Globe, January 7, 1903, p. 6; to be substituted for a deceased plaintiff. 6. John Fabian Witt, The Accidental Republic: Skocpol, 289–90. For Grier M. Orr: St. Paul Crippled Workingmen, Destitute Widows, and 28. Anderson v. Fielding, 36–43, 246–7. Globe, November 5, 1902; Union Advocate, the Remaking of American Law (Cambridge, 29. Forest Lawn Memorial Park, St. Paul, re- September 1, 1914, p. 4b, November 13, 1930, Mass.: Harvard University Press, 2004), 114– cords, John Anderson, Interment No. 2676. 16; John O’Donnell, Ninth Biennial Report of p. 2; The Appeal, April 9, 1898, p. 4. Forest Cemetery is now known as Forest Lawn the Bureau of Labor of the State of Minnesota 17. Anderson v. Fielding, 35. Memorial Park.

RAMSEY COUNTY HISTORY 9