Andrew Miller (North Dakota judge)

{{Infobox officeholder

| honorific-prefix =

| name = Andrew Miller

| honorific-suffix =

| image = Andrew Miller, N.D. Attorney General, circa 1913.jpg

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| office = Senior Judge of the United States District Court for the District of North Dakota

| term_start = March 29, 1941

| term_end = March 17, 1960

| office1 = Judge of the United States District Court for the District of North Dakota

| term_start1 = February 2, 1922

| term_end1 = March 29, 1941

| nominator1 =

| appointer1 = Warren G. Harding

| predecessor1 = Seat established by 42 Stat. 66

| successor1 = Charles Joseph Vogel

| pronunciation =

| birth_name = Andrew Miller

| birth_date = {{Birth date|1870|11|16}}

| birth_place = Denmark

| death_date = {{Death date and age|1960|03|17|1870|11|16}}

| death_place = Fort Lauderdale, Florida

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| party = Republican

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| education = read law

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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

Miller was born in Denmark,{{FJC Bio|1642|nid=1385126|name=Andrew Miller}} emigrating to the United States with his parents when he was two years old.{{Citation needed|date=March 2019}} His early boyhood was spent in New York and Vermont.{{Citation needed|date=March 2019}} In 1880, he moved to Chickasaw County, Iowa, with his parents, and until 1894 followed the occupation of farming.{{Citation needed|date=March 2019}} In the spring of that year he read law in the office of A. C. Ripley, at Garner, Iowa.{{Citation needed|date=March 2019}} He was admitted to the bar in Des Moines, Iowa, in 1894,{{Citation needed|date=March 2019}} and in May of that year he opened an office for general practice at Buffalo Center, Iowa. 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. Miller was elected Mayor of Forest City in 1898 and re-elected in 1900. In 1903 he made a failed bid for a seat in the Iowa General Assembly."North Dakota's Attorney General", Case and Comment: The Lawyer's Magazine, Vol. XVII, June 1910 to May 1911 (1911), p. 319. Miller moved to Bismarck, North Dakota in June 1905. He engaged there in the practice of law, and was appointed assistant Attorney General of the state in 1907, and elected Attorney General of North Dakota in 1908 as a Republican.{{Citation needed|date=March 2019}} He took office in January 1909, serving until January 1915. 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|date=March 2019}} Miller then returned to private practice in Bismarck until 1922.

Federal judicial service

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. He was confirmed by the United States Senate on February 2, 1922, and received commission the same day. He assumed senior status on March 29, 1941. His service terminated on March 17, 1960, due to his death in Fort Lauderdale, Florida.{{Citation needed|date=March 2019}}

=Notable cases=

Among the matters over which Miller presided was a suit alleging fraud against Governor William Langer, in 1934.John M. Holzworth, The Fighting Governor: The Story of William Langer and the State of North Dakota (1938), p. 66. 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.{{cite book|title=Unequal Contest: Bill Langer and His Political Enemies|last=Vogel|first=Robert|year=2004|publisher=Crain Grosinger Publishing |location=Mandan, ND|isbn=0-9720054-3-9}}