Written by: Victor Malone

Erwin Bumke: The Forgotten Judge Who Almost Became the President of Nazi Germany

Erwin Bumke was a German lawyer and judge, best known for being the last president of the Reichsgericht, the supreme civil and criminal court of the German Reich, serving from 1929 to 1945. As such, he should have become the Acting President of Germany upon the death of Paul von Hindenburg in August 1934, making him the head of state of Nazi Germany.

Early Life and Education

Bumke was born on July 7, 1874, in Stolp, Pomerania (now Ślupsk, Poland). He came from a middle-class family, with his father being a doctor and his mother being a factory owner's daughter. His brother, Oswald Bumke, went on to become a noted psychiatrist.

Bumke studied law in Freiburg, Leipzig, Munich, Berlin, and Greifswald, and began his career as a judge in Essen. In 1907, he assumed an office in the Reichsjustizamt, the precursor to the later Reich Ministry of Justice.

Rise to Prominence

In 1930, Bumke became the president of the International Criminal Law and Prison Commission. Upon the resignation of Walter Simons in 1929, Bumke was appointed as the head of the Reichsgericht by President Paul von Hindenburg.

As the head of the Reichsgericht, Bumke was responsible for interpreting the laws of the Weimar Republic. He played a crucial role in shaping the legal framework of Nazi Germany, although his role has often been overshadowed by the more prominent figures of the Nazi regime.

Constitutional Crisis of 1934

The death of Paul von Hindenburg in August 1934 led to a constitutional crisis in Germany. According to the Weimar Constitution, Bumke, as the head of the Reichsgericht, should have become the Acting President of Germany. However, the Hitler cabinet passed the Law Concerning the Head of State of the German Reich, which combined the presidency with the chancellorship, making Adolf Hitler the undisputed ruler of Germany.

This move was a clear violation of the constitution, and Bumke's role in this crisis remains a topic of controversy among historians. Some argue that he should have taken a more proactive stance against Hitler's power grab, while others see him as a mere pawn in the larger game of Nazi politics.

Personal Life and Legacy

Bumke married Eva von Merkatz in 1907, and the couple had two sons, both of whom were killed in World War II. Bumke himself served as an officer in World War I, achieving the rank of Hauptmann (Captain).

Despite his significant role in German history, Bumke's legacy remains somewhat obscure. He died on April 20, 1945, just before the end of World War II.

Trivia and Fun Facts

• Bumke's brother, Oswald Bumke, was a prominent psychiatrist who made significant contributions to the field of neurology.
• Bumke was a member of the German National People's Party (DNVP), a conservative political party that was prominent during the Weimar Republic.
• He prepared, among other things, the Reichstag drafts for a new Strafgesetzbuch (penal code) in 1927, which never saw the light of day.

Erwin Bumke's life and legacy serve as a reminder of the complexities of German history during the early 20th century. His story highlights the struggles of those who lived through this tumultuous period, and the difficult choices they had to make in the face of rising authoritarianism.