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Andrew Miller (North Dakota judge)

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Andrew Miller
Senior Judge of the United States District Court for the District of North Dakota
In office
March 29, 1941 – March 17, 1960
Judge of the United States District Court for the District of North Dakota
In office
February 2, 1922 – March 29, 1941
Appointed byWarren G. Harding
Preceded bySeat established by 42 Stat. 66
Succeeded byCharles Joseph Vogel
Personal details
Born
Andrew Miller

(1870-11-16)November 16, 1870
Denmark
DiedMarch 17, 1960(1960-03-17) (aged 89)
Fort Lauderdale, Florida
Political partyRepublican
Educationread law

Andrew Miller (November 16, 1870 – March 17, 1960) was the North Dakota Attorney General from 1909 to 1914, and later served as a United States district judge of the United States District Court for the District of North Dakota.

Education and career

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Miller was born in Denmark,[1] emigrating to the United States with his parents when he was two years old.[citation needed] His early boyhood was spent in New York and Vermont.[citation needed] In 1880, he moved to Chickasaw County, Iowa, with his parents, and until 1894 followed the occupation of farming.[citation needed] In the spring of that year he read law[1] in the office of A. C. Ripley, at Garner, Iowa.[citation needed] He was admitted to the bar in Des Moines, Iowa, in 1894,[citation needed] and in May of that year he opened an office for general practice at Buffalo Center, Iowa.[1] In the fall of 1896 he was elected county attorney for Winnebago County, Iowa, and in January, 1897, moved to Forest City, Iowa, the county seat of Winnebago County.[1] Miller was elected Mayor of Forest City in 1898 and re-elected in 1900.[1] In 1903 he made a failed bid for a seat in the Iowa General Assembly.[2] Miller moved to Bismarck, North Dakota in June 1905.[1] He engaged there in the practice of law, and was appointed assistant Attorney General of the state in 1907,[1] and elected Attorney General of North Dakota in 1908[1] as a Republican.[citation needed] He took office in January 1909, serving until January 1915.[1] In 1914, he challenged incumbent United States Senator Asle Gronna in the Republican primary, but Gronna won and Miller finished third among four candidates.[citation needed] Miller then returned to private practice in Bismarck until 1922.[1]

Federal judicial service

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Miller was nominated by President Warren G. Harding on December 19, 1921, to the United States District Court for the District of North Dakota, to a new seat authorized by 42 Stat. 66.[1] He was confirmed by the United States Senate on February 2, 1922, and received commission the same day.[1] He assumed senior status on March 29, 1941.[1] His service terminated on March 17, 1960, due to his death[1] in Fort Lauderdale, Florida.[citation needed]

Notable cases

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Among the matters over which Miller presided was a suit alleging fraud against Governor William Langer, in 1934.[3] Langer was convicted and removed from office. However, the conviction was overturned on appeal, and the case against Langer was retried twice in 1935. Miller, following a recusal motion by Langer, refused to step down as judge in the first retrial, which resulted in a hung jury. The second retrial of the original charges, presided over by a judge other than Miller, resulted in Langer's acquittal; subsequently Langer was reelected governor in 1936.[4]

Personal

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Miller married Ava Mabel Wing of Iowa on May 28, 1896, and they raised four children.[citation needed]

Portrait of Andrew Miller

Bibliography

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  • North Dakota Secretary of State. "North Dakota Blue Book" (1911), pp. 527.

See also

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References

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  1. ^ a b c d e f g h i j k l m n Andrew Miller at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  2. ^ "North Dakota's Attorney General", Case and Comment: The Lawyer's Magazine, Vol. XVII, June 1910 to May 1911 (1911), p. 319.
  3. ^ John M. Holzworth, The Fighting Governor: The Story of William Langer and the State of North Dakota (1938), p. 66.
  4. ^ Vogel, Robert (2004). Unequal Contest: Bill Langer and His Political Enemies. Mandan, ND: Crain Grosinger Publishing. ISBN 0-9720054-3-9.
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Sources

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Legal offices
Preceded by Attorney General of North Dakota
1909–1914
Succeeded by
Preceded by
Seat established by 42 Stat. 66
Judge of the United States District Court for the District of North Dakota
1922–1941
Succeeded by