[Congressional Record Volume 156, Number 105 (Thursday, July 15, 2010)]
[Extensions of Remarks]
[Pages E1332-E1334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     FUNERAL OF JUDGE GERALD HEANEY

                                 ______
                                 

                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                        Thursday, July 15, 2010

  Mr. OBERSTAR. Madam Speaker, Patriot. Jurist. Egalitarian. Self-
effacing Humanitarian.
  Each of us has a distinct, indelible memory of where and how we met 
Gerry Heaney. Mine starts in the Hotel Duluth in 1964--summoned to a 
meeting of attorney Gerry Heaney and Duluth labor leaders to be told 
that my boss, John Blatnik, must support the DFL-endorsed candidate for 
state Senate, Willard Munger, warning that if Frenchy La Brosse won, 
the DFL would be plunged into a divisive, fractious future. ``We'll 
keep his feet to the fire,'' said Gerry.
  My last memory was a phone call two days before he succumbed to tell 
him of our committee works on the Oil Spill Accountability Act. His 
message--unchanged--``keep their feet to the fire. Make them pay every 
penny.''
  A towering figure of the law, Judge Heaney wrote the St. Louis, 
Missouri, school desegregation decision, and then--for 20 years--held 
the school system's collective feet ``to the fire'' to assure 
compliance. The longest and most successful school desegregation case 
in our jurisprudence.
  It was my privilege to video tape interview the judge for the Library 
of Congress project on WWII veterans.
  He recounted the 6:30 a.m. landing at Omaha Beach. Their landing 
craft stopped short of the beach, because ships were blowing up right 
and left. The gate dropped in deep water. The captain shouted ``All 
ashore'' and was cut down by gunfire. The First Lt. stepped up and 
ordered ``All ashore.'' He was cut down. That left me, 2nd Lt. Heaney, 
in charge. I said, ``We're not going through that door, everyone over 
the side.'' And he saved countless lives.
  ``It took nine hours to climb 160 feet in three tenths of a mile and 
take out Nazi machine-gun nests. Then we turned back to the beach for 
supplies, and that's when we saw the carnage.'' He stopped, chocked, 
and cried. The Army doesn't give away the Silver Star. It's awarded for 
extraordinary heroism in combat against an enemy of the United States. 
Gerry Heaney earned it. From Normandy across Europe to the Czech 
border, and his remarkable American flag, Gerry Heaney personified 
exemplary courage under fire.
  While still a sitting judge of the 8th Circuit, Gerry planned to 
participate in the 50th anniversary of D-Day. Without his knowledge, I 
called the top command of the Pentagon and White House liaison to have 
him seated on the dais, with presidents, prime ministers, and generals.
  When I proudly called with the approvals, he said, ``That's very 
nice, thank you. But I'd rather sit with my buddies. We fought 
shoulder-to-shoulder across Europe.'' Grace and humanity, wrapped in 
self-effacing, unpretentious humility--caring about others more than 
himself.
  In that same egalitarian spirit, the Judge never missed a Duluth 
Labor Day picnic since 1948. This year, we'll save a chair for him, 
observe a moment of silence, and hold him excused.
  Master strategist, with a rare gift for no-nonsense analysis, his 
razor-sharp mind guided

[[Page E1333]]

Duluth and the Northland through successive economic shocks with 
clarity of vision for pragmatic investment strategies to fashion a 
better life for others through education, economic opportunity, and 
equal justice under law.
  Greatness is memorably expressed in modest gestures. Gerry retired 
from Senior Judge status so that he would be free to participate in the 
Obama presidential campaign--pounding lawn signs, setting an example 
for the newcomers every day at the combined campaign H.Q.
  In his zest for intellectual challenge and for integrity in public 
service, he made us confront our frailties and failings; he rallied us 
to rise above ourselves for the greater good of all.
  His own words say it best: ``Excellent public schools are essential 
in a democracy. Public schools have an obligation to educate all 
children--rich and poor, black, brown and white, gifted or special. 
Segregated housing, a long history of discrimination in education and 
employment, and the historic lack of opportunity for African-Americans 
to participate fully and equally in all aspects of life make the task 
ahead a challenging one (for St. Louis). We can fulfill our obligation 
to provide all children with the quality, free public education they 
need and deserve.'' He elevated us in life; we are diminished in his 
death; but we are challenged to honor his life-affirming legacy.

       From Tom Radaich:
       Today, we are gathered to do what people of faith do when 
     someone whom they love, and someone who loved them dies--we 
     come together to remember, to pray, celebrate and to give 
     thanks. A long life of service is ended and we come now 
     struggling to find some appropriate, albeit inadequate way, 
     to mark our appreciation and gratitude to God for the lavish 
     gift given us in the judge's life.
       All of you in this cathedral this morning have unique 
     memories of the man who lies in death with us here today, and 
     many of those memories and tributes will be shared informally 
     and formally today both here and at UMD following the funeral 
     liturgy, as they have been shared in practically every 
     American news media over the past week. It was my great 
     privilege to know Judge Heaney as his pastor at St. 
     Michael's, but only since my assignment there only five years 
     ago. In one of my conversations with Carol last week, she 
     said, ``Well, you know he was Irish, a Catholic, and a 
     Democrat!'' And even from my brief association with him, I 
     knew exactly what she meant. You see, I was reared in a small 
     town on the Iron Range where I was raised Catholic, had an 
     Irish pastor for most of my formative years, and took for 
     granted that politics and the DFL were coextensive terms. And 
     so, last night, instead of memories of the judge, I had a 
     vision. I dreamed that as Judge Heaney entered into glory 
     multitudes of Irish came to welcome their compatriot singing 
     Gaelic hymns of praise, followed by throngs of Catholics 
     singing their welcoming song, and then, the entire host of 
     heaven shouted joyfully as one, ``Finally, another 
     Democrat!''
       With hopeful minds and hearts fixed on the joy of eternal 
     life, we participate in this liturgy this morning. 
     ``Liturgy'' is the ``work'' of the church. The work of the 
     church is give praise and glory to God. Liturgy involves the 
     whole human response to the goodness of God, and, hence 
     involves remembering, acting and imagining. Our memories of 
     this great man remind us that God has pitched his tent among 
     us and the word of God has not only been recorded on tablets, 
     scrolls, parchments and paper, but has become flesh. Our God 
     chooses to be revealed as one for whom justice and 
     righteousness are synonymous and the Psalmist tells us that 
     'Love and truth will meet; justice and peace will kiss. This 
     truth and this justice are embedded in those who have 
     accepted the call to authentic leadership at the local, 
     state, national and global level. Our gospel reading tells us 
     that the ruling of the ultimate just judge is that when the 
     needs of those who might have seemed most insignificant have 
     been defended and met, only then shall we shall to be right 
     with our God. That when we make sure that public education is 
     available to everyone, when racial discrimination has been 
     reversed, when women are given equal opportunities in their 
     endeavors, when union contracts provide for funded health and 
     welfare packages, when publicly funded institutions of higher 
     learning are given the opportunity to serve students better 
     each year, then, in the image of Jesus the judge and Judge 
     Gerald Heaney, we shall know that we have come close to the 
     kingdom of God.
       So the liturgy that began two thousand years ago and the 
     liturgy that began 92 years ago continues. The ``work'' of 
     the church continues and we come to give thanks that we have 
     been so gifted in the life and person of Judge Gerald Heaney. 
     May this thanksgiving liturgy truly express our gratitude to 
     God for this wonderful life and be the stimulus for 
     continuing in the path he taught and urged us to walk.
       The Prophet Isaiah says: Here is my servant whom I uphold, 
     my chosen one with whom I am please. Upon whom I have put my 
     spirit: he shall bring forth justice to the nations. I, the 
     Lord, have called you for the victory of justice, I have 
     grasped you by the hand; I formed you and set you as a 
     covenant of the people, a light for the nations.
       To open the eyes of the blind, to bring our prisoners from 
     confinement, and from the dungeon, those who live in 
     darkness. To the life of this man we now only add, Alleluia, 
     Thanks be to God.
                                  ____

       From Dr. Kathryn A. Martin, Chancellor University of 
     Minnesota, Duluth:
       Vice President Mondale, Bishop Sirba, Fr. Tom, Congressman 
     Oberstar, Mayor Ness members of the judiciary, clerks, 
     legislators and all of you here today to celebrate the life 
     of Judge Gerald Heaney, I am deeply honored and humbled to 
     have been asked by Eleanor to speak about the person Judge 
     Heaney.
       For me these four lines from the Book of Micah (6:8) 
     describe ``the Judge:''
       ``God has shown you what is good.
       And what does the Lord require of you?
       But to do justice and to love mercy,
       And to walk humbly with God.''
       What better description is there of Judge Heaney . . . a 
     man who lived his life so that all people could live in a 
     just society, be treated with mercy, regardless of their 
     status in life; and Judge Heaney was a truly humble man.
       As I am sure most of you know, to those of us in 
     Northeastern Minnesota . . . and most of Minnesota and I 
     suspect elsewhere, when you say ``the Judge'' you mean Judge 
     Heaney. And the majority of the time when you say ``the 
     Judge,'' you mean ``the Judge'' and Eleanor. ``Behind every 
     great man is an even greater women.'' And Judge Heaney had 
     Eleanor, the love of his life!
       Judge Heaney lived a life of love and compassion: love of 
     Eleanor and his family, son Bill and daughter Carol; his 
     children and grandchildren, great grandchildren, nieces and 
     nephews and his country.
       The Judge's love of country was only challenged when 
     divisiveness in the political arena stalled the process of 
     progress, a phenomenon we all recognize, and one that was 
     very troubling to the Judge in his latter years. Public 
     officials were to serve the public--the only life he knew. 
     Deliberate inaction had no place in the political process.
       The Judge loved education and had been a member of the 
     Board of Regents of the University of Minnesota. We have 
     Heaney Hall at UMD. I am honored to say that the Judge served 
     on the search committee that brought me to UMD.
       He asked me during my first interview, ``Are you a fighter? 
     UMD needs a fighter.'' He would never let me stop! We seldom 
     gave Honorary Doctorates at UMD and I thought Vice President 
     and Mrs. Mondale should be jointly honored. The Judge wrote a 
     letter and I was to do a follow-up. The Mondale's accepted 
     and I then found out I should have asked the Twin Cities 
     campus for permission. In a conversation with the Judge it 
     was obvious, forgiveness superseded permission!
       Shortly after I began as chancellor at UMD in 1995, Judge 
     Heaney arranged a luncheon with Sen. Sam Solon and Erwin 
     Goldfine, also a former Regent, to review ``my agenda for the 
     school.'' In the last couple of years, always when I visited 
     with the Judge and Eleanor, the Judge would ask, ``How's the 
     school? How's the enrollment? Any problems with the Twin 
     Cities campus?'' And during the budget cycle, ``Are you 
     getting your fair share?'' Judge Heaney determined the ``fair 
     share'' was around 10%, but more was always better. But the 
     Judge was particularly concerned about the rapid increases in 
     tuition--who did it stop from coming to college? And with law 
     school tuition and the loans necessary to complete law 
     school, the Judge believed took a toll on the ``pro bono'' 
     work of the profession. And he believed this result impacted 
     ``the marginalized'' of society.
       The Heaney Federal Building has a nursery school and I 
     would like to read to you a letter from the director, Barb 
     Kennedy, about the Judge and the children at Nursery School--
     Downtown. These comments show not only the Judge and 
     Eleanor's deep love of children, but also their belief in the 
     importance of the educational process.
       ``Judge Gerald Heaney was a dear friend to the staff and 
     children of University Nursery School--D
       Judge Heaney knew all the children by name and we have over 
     50 children! The children often called Judge Heaney, Gerald. 
     Judge Heaney always stopped to talk to the children inside 
     and outside, on the playground, in the halls, and in the 
     school, everywhere.
       Every Christmas Judge Heaney sponsored a low-income family 
     from our school giving gifts to the entire family. The 
     parents received clothes, and a very generous grocery store 
     gift certificate. The children all received outfits, mittens, 
     hats, and several toys. He never wanted the family to know 
     who their secret Santa was. Thank you notes were passed on 
     through the Nursery School.
       Every year even after he retired, Judge Heaney and Eleanor 
     donated a great deal of money to our summer field trips for 
     low-income children. Their generosity helped these wonderful 
     children have a busy, happy, productive, and fun summer. 
     Through watching the children we have often seen self-
     concepts improve, attitudes change, aggression end, and 
     community pride develop. Children that are happy, busy, and 
     feel good about themselves and their community have a greater 
     chance of becoming productive adults and a benefit to 
     society. Thanks to Judge Heaney and Eleanor.
       I cried as I typed this. What a wonderful gentleman!'' Barb 
     Kennedy
       For Judge Heaney, life was lived in a framework of love, 
     dedication, sharing and a keen sense of gratitude for 
     democracy. I would like to conclude with a quote from Father 
     Alfred Delp: ``When through one man a little more love and 
     goodness, a little more light and truth comes into the world. 
     Then that man's life has had meaning.'' Your

[[Page E1334]]

     Honor, we thank you for a life well lived! Godspeed you, and 
     give us each the courage to live our lives for the benefit of 
     others!
                                  ____

       From Jane C. Freeman:
       I have known Judge and Eleanor Heaney for seventy years 
     since I was 19 and we met at the University of Minnesota. My 
     husband, Orville, and Gerry became fast friends in law school 
     in the early 1940s.
       Orv introduced all of us to Hubert Humphrey at one of 
     Muriel and Hubert Humphrey's Saturday evening gatherings 
     where the greatest political discussions I have ever heard 
     took place in the kitchen. Justice for all; truly 
     participating democracy; opportunities and responsibilities 
     of citizens; the common good vs. individual greed--these were 
     the discussion topics.
       We came together again after four years of World War II. 
     During the war Gerry was a leader in the Army Rangers in 
     Europe and went up Normandy Beach. Orv was wounded in the 
     Pacific on Marine Corps patrol. We then started to fight home 
     side battles to bring the skeletons of the Democratic and 
     Farmer Labor parties together to form the DFL party. We all 
     felt we could change things to make a better and more 
     peaceful world.
       From then until his death, Heaney was a great advisor, 
     planner and mentor to all in the DFL party and labor 
     movement. He kept us on the straight path to justice for all. 
     Others will tell you about his leadership on the Federal 
     Bench, but I want to share a couple of personal memories:
       Heaney believed in miracles and divine intervention. Late 
     in the campaign in 1954 when Orv was involved in a tight race 
     for Governor, the phone in our bedroom went off at 6:15 a.m. 
     Orv had just gotten home from a three-day campaign trip at 
     3:00 a.m. so I took the call. I answered with some disgust in 
     my voice. ``Yes, Gerald, what do you want at 6 in the 
     morning?'' Gerry said, ``how did you know it was me?'' ``No 
     one else calls at this time in the morning,'' I responded. 
     ``Jane,'' Gerry continued, ``we are going to lose this 
     election. We need a miracle.'' ``What is that?'' I replied. 
     ``Well this is the first week of October and we need you to 
     get pregnant and give birth before election day November 3.'' 
     And then he giggled in that low tone of his. Well, we did not 
     have that miracle, but Orv did, with great help from Heaney, 
     win that election by only 20,000 votes.
       The summer Heaney was being considered for appointment to 
     the Court of Appeals he and Orv and friends were up at 
     International Falls preparing to board the pontoon plane for 
     a fishing trip. The pilot's office phone rang with an urgent 
     call from the White House for Secretary Freeman. LBJ's 
     assistant said ``Freeman about your friend Heaney for the 
     Court--the President wants to know if he's ready to go and 
     his wife says he's off fishing!! Freeman to Heaney--``You 
     wanta be a Federal Judge?'' Heaney--``Yeah, sure. I'll look 
     as good in those black robes as any other farm boy from 
     Goodhue (Minnesota).''
       Heaney was the most self effacing politician I have ever 
     known! Forceful but modest always. He was also a wonderful 
     father and grandfather to his own children as well as many 
     others. He was a second father and grandfather to the Freeman 
     family. Heaney was a devoted husband--often saying, ``the 
     smartest thing I ever did was find Eleanor Schmitt, my 
     lovely, solid, smart and devoted wife.''
       And bless Eleanor; she survived 65 years with that high 
     strung Irishman. She attended hundreds of political meetings 
     and labor union affairs: monitored his ulcer diet; operated 
     his dialysis machine, and was by his side through thick and 
     thin to the end.
       For the Freeman family and many of you here--we will miss 
     his voice and twinkling eyes--but we'll be quoting his bits 
     of wisdom 'til the day we die!
                                  ____

       From Judge Myron H. Bright:
       Oliver Wendell Holmes, that great United States Supreme 
     Court Justice of yesteryear, wrote ``the life of the law has 
     not been logic, it has been experience.''
       Although much has been written about Jerry's background, 
     let me review some matters briefly because his life 
     experience obviously and clearly played a role in his 
     wonderful judicial philosophy.
       Jerry grew up in southern Minnesota in Goodhue County. His 
     father was a butcher and parttime farmer. Jerry was one of 
     seven children in the family. His was a frugal, hardworking 
     family that had difficult times, particularly in the Great 
     Depression, but made it through.
       Following high school graduation and college, Jerry, 
     determined that he would become a lawyer, struggled 
     financially, yet he compiled a very good academic record, 
     graduating from the University of Minnesota School of Law in 
     1941. His legal career was stalled for a few years because 
     World War II came around, and Jerry volunteered for military 
     service.
       After the war, Jerry made a very smart and excellent choice 
     by marrying Eleanor. They came to Duluth to make a home and 
     for Jerry to practice law. Here he served as a distinguished 
     lawyer, a good citizen, a strong contributor to the welfare 
     of his community and an important figure in Minnesota 
     politics. He always tried to support those candidates who 
     would represent the people ably, honestly, and fearlessly. Of 
     course, some of those he supported are well-known names in 
     Minnesota's political history, including, among others, Vice 
     President Hubert H. Humphrey, Vice President Walter Mondale 
     (before he became Vice President), former governor Orville 
     Freeman, who, also with me, was a classmate at the University 
     of Minnesota School of Law, and Congressman John Blatnik, who 
     paved the way for Jim Oberstar who is here and will be a 
     Congressman forever and ever.
       As I have said, Jerry's career was a significant one filled 
     with experiences he brought to the bench when President 
     Johnson appointed him to the United States Court of Appeals 
     for the Eighth Circuit in 1966. Looking over his record, one 
     could say Jerry was one of the best of what has been called 
     ``the Greatest Generation.''
       Well, let me tell you a bit about serving on the federal 
     bench with Jerry. What kind of an experience was it to have 
     Jerry as a colleague in deciding cases that came before our 
     panel? I will tell you this. He always came well prepared. He 
     listened intently and carefully to the arguments of counsel. 
     Many times he digested and read all of the record, some very 
     voluminous, in the cases. He welcomed the exchange of 
     viewpoints about the case, particularly with his law clerks.
       Following oral argument and during the conference, when the 
     judges would make a preliminary decision about the results, 
     Jerry always considered the views of his colleagues. When he 
     spoke, he articulated briefly, logically, and, I must say, 
     most persuasively his viewpoint and his thoughts about the 
     resolution of the case. The opinions he authored were always 
     clear, concise and well written. In other words, Jerry was 
     just an excellent federal judge.
       Let me relate a brief story of my relationship with Jerry 
     when I came to the court. We had dinner on a September 
     evening in 1968 just before my first session with the United 
     States Court of Appeals. We talked about the work of the 
     court, and Jerry said,
       Myron, I do not believe that this country can exist in 
     domestic peace as a segregated society as we now are. All men 
     and women, regardless of race, color, or creed must and 
     should be entitled to the equal protection of the laws.
       To that goal, Jerry devoted his judicial life.
       Let me add a final comment. Gerald Heaney's legacy lives on 
     in the people whose lives he has touched with his own work 
     and with his own life. The wisdom of his legal opinions 
     remain in federal reporters. Gerald W. Heaney was a man of 
     modesty. Whatever credit was due him for his accomplishments 
     as a judge, he would want to share that credit with the 
     colleagues who served with him during his 40 years on the 
     federal bench. Many of them are here today.
       Finally, as one of Jerry Heaney's closest colleagues and 
     one of his best friends, I say, ``Jerry, you have always been 
     my judicial hero. In the words of an old soldier, just as you 
     were, Jerry, I salute you.''
                                  ____

       From George Sundstrom:
       In 1947, the Am. Fed. Of Labor (AF of L) put out a call for 
     an attorney to represent labor in Duluth and N.E. Minnesota. 
     Gerald Heaney had just married the love of his life, Eleanor, 
     and together they moved to Duluth. AND represent labor he 
     did--far beyond, I expect, the expectations of those needing 
     legal assistance in those days.
       Representing the Duluth Federation of Teachers, Heaney 
     negotiated the first contract in Minnesota in which women 
     teachers received the same pay as their male counterparts: 
     *He established the Duluth Teachers retirement fund, again 
     the first such teachers retirement fund in Minnesota.
       Representing the Int'l Brotherhood of Electrical Workers, 
     Local 31, Heaney set up the first self-funded health and 
     welfare insurance plan in the state--a model for most other 
     Building Trades plans in the state to follow. *He set up the 
     Electrical Workers' Credit Union, later to become the Duluth 
     Building & Const. Trades Credit Union. *He set up the Local 
     31 Defined Benefit pension plan.
       In 2007, the Int'l Brotherhood of Electrical Workers made 
     Judge Heaney a life member of the IBEW, I was told the only 
     such membership in the country.
       On the Judges' retirement, the AFL-CIO community in Duluth 
     recognizing his lifelong service to Labor, issued him a life 
     membership, (the only such membership ever offered) and 
     remodeled a room in the Labor Center and named it Gerald W. 
     Heaney's Chambers.
       In his 9th symphony, Beethoven put these words to music 
     ``Whoever has enjoyed the great blessing of being a friend to 
     a friend, whoever has won a dear wife, let him mingle his joy 
     with ours.'' He won a dear wife for over 65 years, He was our 
     friend and we his. His life was a great blessing.

                          ____________________