Andrew Miller (North Dakota judge)

American judge (1870–1960)

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.

## Education and career

[edit]

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

[edit]

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

[edit]

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

[edit]

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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* List of attorneys general of North Dakota

## References

[edit]

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.

## External links

[edit]

* Andrew Miller at Find a Grave

## Sources

[edit]

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

Legal offices

Preceded by

Thomas F. McCue

|  Attorney General of North Dakota
1909–1914  | Succeeded by

Henry Linde

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

Charles Joseph Vogel

Authority control databases

International|

* VIAF
* FAST
* WorldCat

National|

* United States

Other|

* SNAC