ForeverMissed
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His Life

In Memory of a Failed Curmudgeon

October 17, 2011

       Born Los Angeles, California August 6, 1921, Earl F. Hedlund passed peacefully at his residence in Eureka, September 29, 2011, in the early morning hours. Three of his five children were with him. He was 90. He considered Red Bluff his home.

        Earl lived and died bravely. He could be difficult, which may be why his opinion and actions were so valued. He also was a very tender and gentle person, with abiding humor and philosophical acceptance of human nature. He could be fierce and he was also amazingly sentimental.

         Earl had a lifelong interest in politics, with deep and abiding regard for the practice of law as a social art form. He respected the power of the judicial system to work toward justice in a flawed society. Still, it was his observation that, "The best attorneys often never (have to) appear in Court."  A corollary was, "An attorney should accomplish drafting of clear written agreements which will avoid the necessity of litigation."   Decline of civilization into contention was a condition to be avoided, if at all possible. Earl would not run from a fight, but he preferred peace.

         Personally, his was a strong and articulate intellect that sometimes concealed a kind and humorous nature behind a gruff manner. His stubborn streak is legendary. This was well tempered, as Earl was also capable of being self-deprecating and compassionate. He probably thought of himself as persistent.  In brief, Earl was a civilized man who recognized the strictures of civilization as being eternally negotiable, even if often necessary. Especially in his final years, but throughout his life, Earl practiced patience and forbearance... but he would not conceal that he did not suffer fools gladly.

       Death within a month to an aggressive lymphoma was the final challenge to Earl's equanimity. He absolutely and irrevocably refused pain medications.  One could conclude that he desired to remain alert and aware to the very end.  At first he seemed to be preparing for a battle, a struggle literally to the death. Somehow, in the course of his illness, Earl composed himself and found an inner peace and acceptance, so that in what must have been very painful final days, hours and minutes, he actually seemed to cherish each moment, to relish every last sensation of his experience.  In this regard, Earl died as he had lived: conscious and resolute, definitely sensate.

     The birth certificate says Earl's father was an oil man and his mother a housewife. Dad, John Henry Hedlund was born in Seattle, to immigrant parents who homesteaded their way across Canada and down the Pacific Coast: mother Norwegian, Father Swedish, fights and children all along the way.  Johnny left school (and farm) before the sixth grade, near Aptos. He was water boy, then oxen master and mule teamster as the Southern Pacific rails were built through Death Valley, later he boxed briefly, built tires by hand, and then became oil rig roughneck, again for Southern Pacific Corporation. In the oilfields, he worked his way up to rig foreman and eventually was rig superintendent, a foreman of foremen. John did not swear, chew or smoke, and rarely drank, he grew dahlias. Gladys Eleanor (Kenner) Hedlund, Earl's Mom, was a devout woman who managed to take elder brother Clifford and Earl to a museum or library or concert nearly every weekend, after Church.  Her family was from Missouri, but she was a native Californian, raised on a farm near Petaluma.  The parents stayed married until death, something more than 55 years.  They lived in Huntington Park when Earl was born.

     Earl and his older brother had chores at home, in the garden and with small animals and poultry.  He was a morning newspaperboy from age eight on through his teen years, a standout at Huntington Park Union High School (Class of '39), he lettered in Football, and Debate, earned straight A's, and was Class President and Student Body President. His lifetime interest in excellence, politics, debate, and sport were already well-developed in his adolescence.

He attended University of Redlands on a football scholarship, for one year, then took some time to "get to know himself" and had  jobs with a bank, a junior college district, and an aviation company. Earl was in his neighborhood throwing the football around with his buddies when they got news of the attack on the United States at Pearl Harbor; they all resolved to go down and enlist the next day.  He was in the US Army within the week.

Earl began service as an enlisted man, completed bootcamp and advanced training, then married Juanda DeShazer. At base he was involved in a contest of wills with a NCO, so the Company Commander gave him a choice between a court martial and entering OCS.  "If you think you can run this man's army better than Sarge, you better be an officer or get out." Earl went through Officer Candidate School. He rose to permanent rank as Captain through World War II, as an Army Artillery flight officer. He was forward observer flight instructor in the Army Artillery through the War, then was in charge of Flight Operations at Sendai Airfield in Japan during the early postwar occupation.  Earl decided to turn down a promotion to return stateside to be there for the birth of his daughter and to finish his education.

Earl used the GI Bill to attend UC Berkeley, and graduated from UC Hastings College of Law as a Doctor of Jurisprudence (JD). He had Order of the Coif, Law Review and other highest honors.

Earl passed the California Bar Exam immediately, and was accepted at a distinguished maritime law firm in San Francisco, however he was recommended by his professors to write briefs for Judge A.F. Bray in the California State Appellate Court, and he was chosen and accepted that position. Later, Earl was asked to serve as Law Clerk to Judge Edward Preston Murphy at the Ninth District Federal Court of Appeals. He now had purchased a house and had three children: Eric, Patricia, and Jon. During this interval he and Juanda divorced.

Later , Earl worked for the City and County of San Francisco as Deputy City Attorney, then entered private practice. Earl married Audrey (Terry) Andersen (now Audrey Risberg). His family now included another daughter, Gretchen Andersen.

Earl was invited to Red Bluff to be half-time Assistant District Attorney, and began that job May 17, 1956. He felt this would be a better place to raise a family. The couple bought a new home in Cox Subdivision. The Red Bluff Daily News reported that his salary was $3000 per year, less than $300 per month. He was to be allowed private practice on the side. He had three children from his first marriage, a daughter in his new family and he and his wife Audrey expected another child in December (now Jeff Risberg).

In the third week on the job, the elected DA who had hired Earl resigned suddenly. He recommended to the Board of Supervisors that Earl be appointed interim DA until there could be a special election. The Board decided to appoint another attorney to complete the entire remaining term of DA, and not have the election. They favored elimination of Earl's position.

To add to the economic uncertainty, the County Controller and some Supervisors on the Board made a  threat not to pay the Assistant DA at all, through invalidation of the ordinance that established the position. In the midst of all this, Earl just did his job. When asked, he told reporters he had a legal contract and expected it to be honored, "regardless of local politics."

The Board appointed another DA and Earl was told his job was over July 4th. The Red Bluff Daily News article referred to all this as the Hedlund Tragedy, perhaps in recognition of the effect of these vicissitude on the entire family, or maybe to underscore the drama of the moment. Earl stayed on to complete some work, through mid-July, then left.

Earl entered into full-time, sole private practice. Thinking it over, he decided to challenge the legality of an appointment by the BOS of a DA to fulfill the entire term of an elected office. Earl argued that the law required declaration of a special election because an elected office holder represents the People, not the Board of Supervisors. He took that issue to the California Supreme Court. In a precedent setting opinion, the Justices ordered a special election so the public could decide who should be Tehama County District Attorney.

With the help of their newfound friend Floyd Hicks, Earl and Audrey collected signatures to enter the Special Election as a candidate for DA. It was a close race. Many new friends came forward to help because they admired how Earl had stood up for himself against the local good old boys who were used to running things. There were multiple recounts, and Earl--newcomer and outsider-- was elected with 13 votes to spare. The public had spoken. Earl as champion of the underdog was endorsed by the electorate.

Earl's loyalties were clearly with the people and the law. He felt beholden only to them. There were lots of Hedlund headlines in the following years, as Earl defined his role in the community as peace officer, vocal critic of governmental abuse of power, staunch advocate of civil rights, and a leader in the Democratic Central Committee.  An indication of what manner of public figure he was might be this: Earl was a member of ACLU, but the John Birch Society--of which he was not a member--rated him at 100% on its Americanism scale. Earl was a populist who believed completely in the Constitution, and the law.

The newspaper did not name this stand-and-deliver quality the Hedlund Triumph, but it was. Earl was re-elected DA in 1958. Tehama County was about half its present population.  The DA then had no or one assistant, one secretary, and also served as County Counsel, as well as Counsel to the Grand Jury. Nowadays, there are numerous Deputy DAs and an entirely separate Office of County Counsel with many Deputy Counsels. Sadly, in the stresses of that public life, in 1960 the second marriage also ended . Earl resigned to become a Justice Court Judge in 1961 until 1963.

While completing his term as Justice Court Judge, Earl once more entered private practice. Forever the optimist, Earl remarried one final time, to young Nancy Frey, his secretary Maxine Frey's daughter. It was 1966, on a secret vacation in Mexico. That marriage lasted about 20 years. There were no more children but there was lots of fun. He found time to become something between a gourmet and a gourmand chef, and got down to some serious fishing, including along the famous Babine River in British Columbia.  Earl retired as this last divorce was finalized, traveling to Mexico, and then to Europe and the Near East.

Throughout, Earl continued to be active in the community and respected as a man of integrity. He was of a (now rare) breed of professional person who will tell you what a service will cost, stand by you, and not pad the bills. He had plenty of business, and helped many people get a second lease on life.

Earl was something of a mentor. He had Deputy District Attorneys and junior partners who apprenticed themselves and then grew to be friends and full partners. These included Henry Goff (also deceased), who was full partner but resigned in 1971, when he also was elected District Attorney. Another prominent local attorney, Rolland Papendick became a full partner and friend. He decided to practice independently as Earl got ready to retire. Steven McCarthy was Earl's last apprentice, and contracted to purchase the practice as partner.

Work was not everything. Earl always loved fishing. He started early with a drop line on the Long Beach and Santa Monica piers, then joined his father for surf fishing, and long trips to the Smith, Klamath, and Sacramento Rivers. Some summers as a child and young man, his family was able to camp for weeks at Yosemite with Mom in charge of the campsite as Dad worked in the oil fields and came up every other weekend. They caught and enjoyed pan sized rainbow trout daily. It was natural for Earl to become an ardent Sacramento River steelhead fisherman.

During his retirement, Earl continued fishing, made more trips to Mexico, and had new adventures in Europe,  Alaska, Canada, and New Zealand. He also re-intensified his avid reading and use of the public library.

Earl is survived by his brother Clifford (93 in November), three ex-wives, one daughter, one stepdaughter, three sons, one granddaughter, six grandsons, one great-granddaughter, two great-grandsons, and many many friends. All of these people are touched by Earl, his spirited principles, his humor, his honorable and philosophical appreciation of life as it is lived.

While Earl struggled through life to create a persona of curmudgeon, he failed to close the deal on "Bah! Humbug!"   Those of us left behind, who loved him well know better. So long friend, we will miss little old curmudgeon you.

Family and friends may gather at 11 a.m. October 29, 2011 to dedicate a memorial bench site at the south end of Red Bluff River Park, near the Fishing Access, off Main Street, behind the Chamber of Commerce. Earl's body was cremated and this will be the only public last rite.

In lieu of a guest book, please visit <earl-f-hedlund.forevermissed.com> and share your own memories and stories about times with Earl.

The family asks that friends donate to the American Cancer Society or their local library.