Interview with Judge Gerald W
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Judge Gerald W. Heaney Narrator Richard Hudelson Interviewer January 8, 2002 Federal Building Duluth, Minnesota RH: This is an interview with Judge Gerald Heaney. The interview is being done in Judge Heaney’s office in the Federal Building in Duluth. The date is January 8, 2002. My name is Richard Hudelson. I teach at the University of Wisconsin, Superior, and withHeaney me is Judge Gerald Heaney. W. GH: I was born in Goodhue, Minnesota, a small town in southeastern Minnesota, a farming community. I had two brothers and three sisters. RH: You said the population was all of 500? Society Gerald GH: Five hundred people in the town. of RH: Corn and soybeans, cattle, dairy? GH: At that time I was growing up, it was mainlyHistorical cattle, corn, oats, barley, a little wheat. Soybeans come on a little later. Then they had alfalfa and hay. My dad ran the meat market and associated with it, he bought woolinterview and he bought and sold cattle. He and his brother, who were in partnership, owned the family farm that they’d inherited from their mother, so we rented most of the farm out and kept some parts of it. My dad had a few cattle there that he would keep for butchering and selling in the meat market. So we kind of grew up in the farm and small-town atmosphere. historyMinnesota I attended public school from the first grade through high school. There were only five in my high school graduating class. I worried when I was going on to college as to whether I’d be able to keep upOral with the kids from Minneapolis and St. Paul and the large schools in the state. I found I didn’t have any difficulty. I had the best teacher that I ever had in my life, taught all the science, all the math, all the history and civics in the high school, Celia Marquette [phonetic], an amazing woman, amazing teacher. So when I graduated from high school, I went to St. Thomas College [now University] for two years, and that was a rather small college at that time. I think there were about 500 students. RH: That’s in the Twin Cities? GH: Yes, it’s in St. Paul. They had graduates there from many of the Twin Cities high schools, and I was able to compete with the kids who were there. RH: You did two years at St. Thomas? GH: Yes. RH: Then you transferred somewhere else? GH: Then I transferred to the University of Minnesota, and then four years at the Law School. At that time you could take two years of college and four years of law school. Now it’s four and three. But we didn’t have very much money, so it was important that I finish in as few years as possible. Heaney RH: You were growing up then in the Depression years. W. GH: I was growing up during the Depression years. Our family wasn’t wealthy, but we always had enough to eat and we had a nice warm house to live in. Even though we didn’t have any money, if I got twenty-five cents on the Fourth of July, that was a big event. And in the summertime as I grew up, I worked out on the farm for various relatives.Society I would go out and work on the farm, milk cows. Gerald of RH: Make hay? GH: Make hay and help in the fields and do those kinds of things. Historical RH: I have a brother who was a big guy, he’s 6’3”, strong. All the farmers wanted him when it was hay-making time, and he alwaysinterview insisted they take me along. I couldn’t lift bales, and had terrible hay fever. GH: Well, I liked to work on the farm. We always had a good time down on the farm. I liked it. RH: Can you talkhistory a little bitMinnesota about your law school years? GH: Well, I started in St. Thomas in 1935 and I went there ’35, ’36, ’37, and then entered law school. AtOral that time it was not that difficult to get into law school as it is now. If you had graduated from an accredited high school and had your pre-college training from a recognized college, you didn’t take an entrance exam. It was relatively easy. But the difference was that on the first day of school we were told that, “Look around you, because next year the person in front of you and on the side of you probably aren’t going to be there, because we fail half of the students in the first year and then fail 20 percent the second year.” Now, there was a certain degree of inefficiency about that, but one of the benefits of it was that it gave a lot of students who might have not been outstanding students in college an 2 opportunity to get into law school, and some of them did very, very well. So when I was at St. Thomas, the first year I worked cleaning the classrooms. The second year, I worked in the library. Those were under the NYA, National Youth Administration, kind of like the work-study programs that exist at the present time, only I think they were better funded then and more opportunities. You didn’t get a lot of money. I think I got twenty-eight cents an hour during most of the years that I worked. So I finished two years in St. Thomas and went over to the law school. The first year at the law school, I worked in the library, and then in the next three years I worked as a research assistant, first for the head of the political science department at the University [of Minnesota], then the last two years for Professor Reed [phonetic], who taught contracts and conflicts law, and he was writing a textbook and I was his research assistant, helping him with footnotes and that kind of thing. Heaney RH: You did this while you were still taking law courses? W. GH: While I was going to school. It only cost $500 a year for board, room, and books. Not board, room, and books; tuition fees. So I was able to earn about $300 a year in school, and then I could save $2-300 a year during the summertime. I lived with my Societygrandmother, so I got out of school and I didn’t owe a penny. My cash out of pocketGerald in those years was $500. My dad didn’t have any money, but he would send meat and groceriesof up to my grandmother. So it was a marvelous opportunity for me, and I graduated without any debt. Now my law clerks, many of them come with debts of $50-60,000 or more. While I was at the law school in my last year, inHistorical addition to my research activities for Professor Reed, I wrote an article for the Minnesota Law Review on the relationship between the National Labor Relations Act and the Minnesotainterview Labor Relations Act, and both of those were relatively new at that time, and was fortunate enough to have it published in the University of Minnesota Law Review. RH: Very good. historyMinnesota GH: So then I graduated in 1941. When I got out of law school, I was immediately drafted, because my younger brother and I were number twelve and thirteen in the draft in Goodhue County, Oralso both of us went up to Fort Snelling. I was rejected because they said that I had a heart murmur, so I was classified as 4F. So here I was, when I went home, my dad was all worried about it, so he sent me down to the Mayo Clinic, and they examined me and they said, “There’s nothing wrong with your heart.” So I looked at it and said, “You’re the luckiest guy in the world. I got a 4F and so I don’t have to go into the war, yet I’m perfectly healthy.” So best job I could get at that time was with the Minnesota Securities Commission as a lawyer 3 investigator, and so they were paying more than the big law firms were paying at that time, and money was important to me, so I think I got $275 a month. So I went to work for them. Then on December 7 of 1941, of course, you had Pearl Harbor, and immediately everyone’s attitude changed towards the war. Before, no one had been particularly upset if they weren’t going in. So the day after Pearl Harbor, Orville Freeman, who later became governor, and myself and a couple of others, went over and volunteered for the Marine Corps, and they were accepted and I was rejected because I was colorblind. [Laughs] So I went back to work, but as the summer went on, it was more and more difficult, because here you are, a healthy young man of army age, and other people were thinking—I thought they were thinking, “What in the hell is this young man doing around when my brother (or my boyfriend or my dad) is being drafted and sent to the army?” Heaney So on the fifth of July, a good friend of mine and I go over to Fort Snelling and we enlist in the army, and colorblindness wasn’t a factor W. RH: Not for the army? GH: Not for the army.