Miller, Lewis H. (Judge)

Passed: 1956-07-14

Age: 65

Source: Charleston Daily Mail

Death Notice:

Obituary Date: 1956-07-14

Information: JUDGE MILLER DIES IN RIPLEY - Judge Lewis H. Miller, a circuit judge for the past 27 years and twice a Republican candidate for governor, died at his home here today from a heart attack.  First elected in 1923, Miller was serving is fourth successive eight-year term as judge of West Virginia's 5th Judicial Circuit, which includes Calhoun, Roane, Jackson and Mason counties.  Only yesterday the 65-year-old judge had presided over a session here of Jackson County Circuit Court.  Although troubled by a heart condition for three years, he had continued to perform his duties.  Miller was re-elected in 1952 to a term which expires Dec. 31, 1960.  By law, a successor to serve out the unexpired term must be elected in the November election this year.  It is up to Gov. Marland to appoint someone to fill the vacancy until the person elected in November takes office.  Apparently the Novermber nominees will be chosen in party conventions, although law as to the nominating machinery is not entirely clear.  In the primary elections of 1936 and 1940, Miller ran unsuccessfully for the Republican nomination for governor.  He ran a very close second to Judge Summers H. Sharp of Marlinton in the five-man contest in 1936, losing by only 2,320 votes.  Four years later Miller ran second again, this time in a three-man contest which was won by D. Boone Dawson of Charleston.  Miller and J. W. Maxwell of Beckley won the Republican nominations for two state Supreme Court seats at stake in 1950, but they were defeated in the general election by the Democratic nominees, Judge James B. Riley and the late Judge Fred L. Fox.  Born in Jackson County, Nov. 19, 1890, Miller was educated at West Virginia Wesleyan College, Ohio University and the West Virginia University law school, where he received his law degree in 1917.  Before beginning law practice, he taught school for five years and was one of the first principals of Ripley High School.  After World War I service in the Naval Air Corps, he returned here and entered law practice.  He was elected mayor of Ripley at the age of 30 and in 1926 was elected to the State Senate.  He had served two years in the Senate when he was elected judge for the first time.  Miller's interests besides the law and politics included his 400 acre farm, nine miles from here, and photography.  Pictures on the walls of his home and office attested to his zeal for his principal hobby.  He was a past president of the West Virginia Judical Council.  He was the author of the third edition of Hogg's Equity Procedure, a two-volume legal work completed in 1943.  Miller was a trustee of West Virginia Wesleyan, a Methodist, and a member of the State Bar, West Virginia Bar Assn., the Masons, Knights of Pythias, American Legion, Grange, Lions, Sigma Pi fraternity and the Order of the Coif.  Two years ago he was awarded the honorary degree of doctor of laws by Morris Harvey Colllege in Charleston.  Miller's survivors include a widow, the former Freda C. Rambow.  They were married in 1917.  He also leaves three daughters, Mr. W. M. Oliver of St. Albans, and Mrs. James J. Robinson and Mrs. Keith Simmons, both of Ripley; two brothers, six sisters and five grandchildren.  Service will be at 4 p.m. Monday in St. John's Episcopal at Ripley with Rev. William Bowie and Rev. Franklin Barker officiating.  Burial will be in Pine Hill Cemetery at Ripley.  The body is at the residence and will be taken to the church one hour before the service.