Nathan Lewis Miller
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Nathan L. Miller (10 October 1868 – 26 June 1953) was an American attorney and politician from New York. A Republican, he served as
New York State Comptroller The New York state comptroller is an elected constitutional officer of the U.S. state of New York and head of the New York state government's Department of Audit and Control. Sixty-one individuals have held the office of State Comptroller si ...
from 1901 to 1903, and a judge of the
New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
and
New York Court of Appeals The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. It consists of seven judges: the Chief Judge of the New York Court of Appeal ...
from 1903 to 1915. From 1921 to 1922, he served as
governor of New York The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor ...
. A native of
Solon, New York Solon is a town in Cortland County, New York, United States. The town had a total population of 1,079 as of the 2010 census. The name of the town comes from the Greek lawmaker Solon. The town is in the center of the county, east of the city of ...
. Miller graduated from the Cortland Normal School in 1887, taught school for several years while studying law with a Cortland attorney and attained
admission to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
in 1893. He also became active in politics when he began giving campaign speeches on behalf of
Cortland County Cortland County is a county located in the U.S. state of New York. As of the 2020 census, the population of Cortland County was 46,809. The county seat is Cortland. The county is named after Pierre Van Cortlandt, president of the convention a ...
's Republican Committee. Miller served as a school commissioner in Cortland County from 1894 to 1900 and was the city of Cortland's corporation counsel from 1901 to 1902. In 1901 he was appointed
New York State Comptroller The New York state comptroller is an elected constitutional officer of the U.S. state of New York and head of the New York state government's Department of Audit and Control. Sixty-one individuals have held the office of State Comptroller si ...
following the resignation of the incumbent, and he served until 1903. In 1903, he was appointed a justice of the
New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
, and in 1905 he was designated to serve as a justice of the court's appellate division. In 1913, he was appointed to the
New York Court of Appeals The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. It consists of seven judges: the Chief Judge of the New York Court of Appeal ...
, where he served until 1915. In August 1915, Miller resigned his judgeship to return to practicing law, and he established a practice in
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. In 1920, he was the successful Republican nominee for governor, and he served one term, 1921 to 1922. Miller prioritized cost-cutting during his term, and enacted reforms including ending the monopoly caused by the state's selection of a single firm as its official printer. Miller was defeated for reelection in 1922. After leaving office, Miller practiced law in New York City with the firm that became
Willkie Farr & Gallagher Willkie Farr & Gallagher LLP, commonly known as Willkie, is a white-shoe, international law firm headquartered in New York City. Founded in 1888, the firm specializes in corporate practice and employs more than 1200 lawyers in 15 offices acros ...
. In addition, he served as general counsel, a director, and a finance committee member of
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. He died at
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hotel in New York City on 26 June 1953 and was buried at
Cortland Rural Cemetery The Cortland Rural Cemetery is located in Cortland, New York, United States. A non-profit, non-denominational cemetery established in 1853, the still operational cemetery has a physical footprint of approximately and features the attributes typi ...
.


Early life

Nathan Lewis Miller was born in
Solon, New York Solon is a town in Cortland County, New York, United States. The town had a total population of 1,079 as of the 2010 census. The name of the town comes from the Greek lawmaker Solon. The town is in the center of the county, east of the city of ...
on 10 October 1868, a son of farmer Samuel Miller and Almera (Russell) Miller. The Samuel Miller family moved to a farm near Groton in 1872 and then to one near Cortland in 1881. Nathan Miller attended the local schools of Groton and Cortland and graduated from the Groton Union School in 1883. He then attended the Cortland Normal School, from which he graduated in 1887. While attending the normal school, Miller joined the
Gamma Sigma Gamma Sigma Fraternity International (), was the first international Secondary school, secondary or High school fraternities and sororities, high school fraternity. Initially founded as a literary society in at the Brockport State Normal School i ...
fraternity. After completing his education, Miller taught school in towns near Cortland from 1887 to 1893. In 1890, Miller began to study law at the Cortland firm of Smith & Dickinson. He attained
admission to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
in 1893 and began to practice in Cortland. In 1899, he joined James F. Dougherty in the firm of Dougherty and Miller. Miller also became active in politics and local government as a Republican; in addition to making campaign speeches for the
Cortland County Cortland County is a county located in the U.S. state of New York. As of the 2020 census, the population of Cortland County was 46,809. The county seat is Cortland. The county is named after Pierre Van Cortlandt, president of the convention a ...
Republican Committee, he served as a county school commissioner from 1894 to 1900 and was elected chairman of the county Republican committee in 1898. From 1901 to 1902, he served as the city of Cortland's corporation counsel.


Marriage

On November 23, 1896, Miller married Elizabeth Davern, a schoolteacher and principal from
Marathon, New York Marathon is a town in Cortland County, New York, United States. The population was 1,967 at the 2010 census. The town of Marathon contains a village also named Marathon. The town is on the southern border of the county and is in the Southern t ...
. They were married until his death, and were the parents of seven daughters, including Mildred, Marian, Margaret, Elizabeth, Louise, Eleanor, and Constance.


Continued career

In December 1901, Erastus C. Knight, the incumbent
New York State Comptroller The New York state comptroller is an elected constitutional officer of the U.S. state of New York and head of the New York state government's Department of Audit and Control. Sixty-one individuals have held the office of State Comptroller si ...
, resigned after winning election as mayor of Buffalo. Governor Benjamin B. Odell appointed Miller to fill the vacancy. He was elected to a full term in 1902 and served until November 1903, when he resigned in order to accept a judicial appointment. Miller left the state comptroller's post when Odell selected him to serve as a justice of the
New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
's sixth district, which included Cortland County. In 1905, Miller was designated for service on the court's appellate division; he served on the bench of the second department until 1910, and the
first department The First Department () was in charge of secrecy and political security of the workplace of every enterprise or institution of the Soviet Union that dealt with any kind of technical or scientific information (plants, R&D institutions, etc.) ...
from 1910 to 1913. In January 1913, Governor
William Sulzer William Sulzer (March 18, 1863 – November 6, 1941), nicknamed Plain Bill, was an American lawyer and politician. He was the 39th governor of New York serving for 10 months in 1913, and a long-serving U.S. representative from the same state. Su ...
appointed Miller a judge of the
New York Court of Appeals The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. It consists of seven judges: the Chief Judge of the New York Court of Appeal ...
; he served until August 1915, when he resigned so he could resume the practice of law. One of Miller's best known opinions was 1915's '' Matter of Jensen v. Southern Pacific Co.'' In this ruling, the court held that the family of a New York City stevedore who died after he fell off a gangway while unloading a cargo ship was entitled to compensation from his employer under state law. His employer, the
Southern Pacific Company The Southern Pacific (or Espee from the railroad initials) was an American Class I railroad network that existed from 1865 to 1996 and operated largely in the Western United States. The system was operated by various companies under the names ...
, objected, arguing that the stevedore was engaged in interstate commerce, so state jurisdiction did not apply. The U.S. Supreme Court overturned the state ruling, but in 1917 the U.S. Congress enacted legislation that allowed the families of maritime workers injured or killed while engaged in interstate commerce to seek compensation under state laws. After leaving the bench, Miller moved to
Syracuse Syracuse most commonly refers to: * Syracuse, Sicily, Italy; in the province of Syracuse * Syracuse, New York, USA; in the Syracuse metropolitan area Syracuse may also refer to: Places * Syracuse railway station (disambiguation) Italy * Provi ...
, where he practiced corporate law and served as counsel for the Solvay Process Company. He also resumed his involvement in Republican politics, including serving as a member of the state party's executive committee. In January 1920, Miller was elected president of the
New York State Bar Association The New York State Bar Association (NYSBA) is a voluntary bar association for the state of New York. The mission of the association is to cultivate the science of jurisprudence; promote reform in the law; facilitate the administration of justice ...
. Later that month, he disclaimed interest in the Republican nomination for governor in that year's election. He was a delegate to the
1920 Republican National Convention The 1920 Republican National Convention nominated Ohio Senator Warren G. Harding for president and Massachusetts Governor Calvin Coolidge for vice president. The convention was held in Chicago, Illinois, at the Chicago Coliseum from June 8 ...
, where he made the nominating speech for
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.


Governor

Despite his demurrals, state Republican leaders continued to promote Miller's candidacy for governor in the 1920 election. Other prospective candidates, including Charles F. Thompson and Francis Hugo, opposed Miller as being too closely aligned with corporate interests and the party's leadership. Miller agreed to accept the nomination and was the choice of the delegates at the party's July convention. Thompson and Miller then competed in the state's September primary election; Miller won the gubernatorial nomination with 65 percent of the vote, though Thompson remained on the ballot as the nominee of the
Prohibition Party The Prohibition Party (PRO) is a Political parties in the United States, political party in the United States known for its historic opposition to the sale or consumption of alcoholic beverages and as an integral part of the temperance movemen ...
. In the November general election, Miller defeated incumbent
Al Smith Alfred Emanuel Smith (December 30, 1873 – October 4, 1944) was the 42nd governor of New York, serving from 1919 to 1920 and again from 1923 to 1928. He was the Democratic Party (United States), Democratic Party's presidential nominee in the 1 ...
in that year's Republican wave, receiving 47 percent of the vote to Smith's 44. Miller had argued against
Prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic b ...
as a federal encroachment on state power, but once the
Eighteenth Amendment to the United States Constitution The Eighteenth Amendment (Amendment XVIII) to the United States Constitution established the prohibition of alcohol in the United States. The amendment was proposed by Congress on December 18, 1917, and ratified by the requisite number of sta ...
was enacted, he supported enforcement on the grounds that obeying the law, even an unpopular one, took priority. He opposed much socially progressive legislation as paternalistic and opposed U.S. involvement in the
League of Nations The League of Nations (LN or LoN; , SdN) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference (1919–1920), Paris Peace ...
on the grounds that an isolationist foreign policy would prevent U.S. involvement in future wars. During his term as governor, he pursued some progressive measures, including health clinics for children, an expanded use of executive clemency for state prison inmates, and an end to the de facto monopoly caused by the designation of an official state printer. Despite his support for some progressive initiatives, Miller's term was concerned primarily with cost cutting and economy. To that end, he eliminated state jobs he considered superfluous or unnecessary, restructured the state department of labor and public service commission, and created a single department to handle state government purchasing. To demonstrate his personal commitment to reducing state expenditures, Miller paid personally for repairs to and maintenance of the
New York State Executive Mansion The New York State Executive Mansion is the official residence of the governor of New York. Located at 138 Eagle Street in Albany, New York, it has housed governors and their families since 1875. History The building was constructed in 1856 as ...
. Miller campaigned for a second term in 1922 and continued to prioritize cost cutting as his primary theme. However, his focus on reduced state expenditures proved to be unpopular, and Smith handily won their rematch. Near the end of his term, Miller was informed that U.S. Chief Justice
William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) served as the 27th president of the United States from 1909 to 1913 and the tenth chief justice of the United States from 1921 to 1930. He is the only person to have held both offices. ...
intended to recommend him to President
Warren G. Harding Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party (United States), Republican Party, he was one of the most ...
for appointment to the U.S. Supreme Court. He declined to be considered because he had already made plans to move to New York City to practice law.


Later career

After the end of his term, Miller and Harold Otis formed the Miller & Otis law partnership; in 1931, their firm merged with another New York City partnership, Hornblower, Miller & Garrison. This firm later became
Willkie Farr & Gallagher Willkie Farr & Gallagher LLP, commonly known as Willkie, is a white-shoe, international law firm headquartered in New York City. Founded in 1888, the firm specializes in corporate practice and employs more than 1200 lawyers in 15 offices acros ...
, which has continued to be active in the field of corporation law. From 1925 until his death, Miller served as general counsel, member of the board of directors, and finance committee member for
United States Steel The United States Steel Corporation is an American steel company based in Pittsburgh, Pennsylvania. It maintains production facilities at several additional locations in the U.S. and Central Europe. The company produces and sells steel products, ...
. In 1939, he left Hornblower, Miller & Garrison so he could focus solely on his work for U.S. Steel. In 1952, U.S. Steel was one of the companies that prevailed in '' Youngstown Sheet & Tube Co. v. Sawyer'', a landmark U.S. Supreme Court case. Miller participated in authoring the company's brief, and the court's ruling limited the power of the president to seize private property. In January 1952, Miller was the first recipient of the New York State Bar Association’s Gold Medal for Distinguished Service. He also received the
honorary degree An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or '' ad hon ...
of
LL.D. A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...
from
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,
Syracuse University Syracuse University (informally 'Cuse or SU) is a Private university, private research university in Syracuse, New York, United States. It was established in 1870 with roots in the Methodist Episcopal Church but has been nonsectarian since 1920 ...
,
Colgate University Colgate University is a Private university, private college in Hamilton, New York, United States. The Liberal arts colleges in the United States, liberal arts college was founded in 1819 as the Baptist Education Society of the State of New York ...
, and
Union College Union College is a Private university, private liberal arts college in Schenectady, New York, United States. Founded in 1795, it was the first institution of higher learning chartered by the New York State Board of Regents, and second in the s ...
. Beginning in the mid-1930s, Miller maintained a summer home in Oyster Bay while residing at
The Pierre The Pierre is a luxury hotel located at 2 61st Street (Manhattan), East 61st Street, at the intersection of that street with Fifth Avenue, in Manhattan, New York City, facing Central Park. Designed by Schultze and Weaver, Schultze & Weaver, th ...
hotel in New York City. In May 1953, Miller broke his hip after a fall. Health complications including pneumonia soon followed, and he died at The Pierre on 26 June 1953. Miller was buried at
Cortland Rural Cemetery The Cortland Rural Cemetery is located in Cortland, New York, United States. A non-profit, non-denominational cemetery established in 1853, the still operational cemetery has a physical footprint of approximately and features the attributes typi ...
in Cortland.


References

{{DEFAULTSORT:Miller, Nathan L. 1868 births 1953 deaths Republican Party governors of New York (state) Judges of the New York Court of Appeals New York state comptrollers People from Cortland, New York State University of New York at Cortland alumni Converts to Roman Catholicism New York Supreme Court justices Catholics from New York (state) People from Upper Brookville, New York New York Supreme Court, Appellate Division, First Department justices People associated with Willkie Farr & Gallagher