Andrew Miller (North Dakota judge)

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 by	Warren G. Harding
Preceded by	Seat established by 42 Stat. 66
Succeeded by	Charles Joseph Vogel
Personal details
Born	Andrew Miller (1870-11-16)November 16, 1870 Denmark
Died	March 17, 1960(1960-03-17) (aged 89) Fort Lauderdale, Florida
Political party	Republican
Education	read 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.

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]

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]}

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]

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

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

• List of attorneys general of North Dakota

• Andrew Miller at Find a Grave

• Andrew Miller at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.