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before him, appreciating his surpassing integrity and an innate sense of right and wrong, and lauding his judicial work as guided by a philosophy of judicial restraint, deference to the legislature, and adherence to precedent. Courts should continue "to adhere to precedent whenever reasonably possible and until departure is demanded by most compelling causes", he told the
Virginia Bar Association in a 1953 speech. "He wrote in a rugged and straightforward manner", and quickly recognized the right of a case, according to Chief Justice
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375:, and contended that the U.S. Supreme Court had made Section 129 of the state Constitution (mandating maintenance of "efficient, free public schools") inoperative by the desegregation opinion invalidating Section 140. Other aspects of the Stanley Plan were found unconstitutional by a three judge panel on the same day, January 19, 1959 (
344:, the first Richmond lawyer or judge to serve on the state's highest court for more than 100 years. Justice Miller's retirement took effect on December 20, 1960, a few hours before his death on the same day, such that his widow would receive a pension. Justice Miller received an honorary LL. D. from the University of Richmond in 1951.
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After admission to the
Virginia bar in 1914, Miller established a private legal practice in Richmond, where he practiced until 1935. He was reviser of the Richmond City Code in 1924. From 1925 to 1936, he was Assistant Commonwealth's Attorney for the City of Richmond. In that position, he prosecuted
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Justice Miller's character had two aspects. One commentator appreciated his keen sense of humor and penetrating intellect, boundless energy, and "delightful drawl" when speaking. His supporters in the bar characterized him as a friendly and humble man who never looked down upon those who appeared
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Justice Miller was the fifth generation in the direct male line of lawyers in his family, and sired the sixth generation. He married the former Eliza Ingram of
Richmond in December 1919. The first Virginia lawyer in the family line, Thomas M. Miller, received his license to practice from
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Justice Miller died in a
Richmond hospital of a heart attack just hours after retiring from office, which allowed his surviving wife to receive a pension. Governor J. Lindsay Almond Jr. ordered Virginia's flags to fly at half mast in his honor. Fairfax County Circuit Court Judge
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all criminal cases arising on the south side of the James River. These cases were heard in the
Manchester Courthouse. (As a result of the agreement by which the cities of Manchester and Richmond merged in 1910, the merged city of Richmond maintained two courthouses until 2007.)
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and John
Randolph in 1763, during the time of the French and Indian War. The Justice's only child, also named Thomas M. Miller, was also a lawyer and had become a member of the State Corporation Commission shortly before his father's death.
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to Thomas M. Miller, a
Confederate veteran and judge for Powhatan and Cumberland Counties, and his wife Anne Harris Patteson. He attended public schools in Powhatan County, then
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Virginia State Bar
Association Reports, volume 72, 1961 and Directory of American Judges, 1955, and Memorial to Justice Willis Dance Miller, 220 Va. cliii (April 17, 1961).
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On the other hand, Justice Miller firmly believed in racial segregation, and despite Chief
Justice Eggleston's entreaties, refused to join in the decision in
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With the endorsement of the bar of the City of
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succeeded him on the Virginia Supreme Court and later become the longest-serving justice in that court's history.
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to serve as the judge of the Law and Equity Court of Richmond, succeeding Judge
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Two Dissent in Virginia Court ruling, Washington Post January 20, 1959 p. A11
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136:Justice of the Supreme Court of Virginia
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493:History of racism in the United States
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458:Washington and Lee University alumni
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