Erwin Bumke
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Erwin Konrad Eduard Bumke (7 July 1874 – 20 April 1945) was the last president of the
Reichsgericht The Reichsgericht (, ''Reich Court'') was the supreme criminal and civil court in the German Reich from 1879 to 1945. It was based in Leipzig, Germany. The Supreme Court was established when the Reichsjustizgesetze (Imperial Justice Laws) came in ...
, the supreme civil and criminal court of the
German Reich German ''Reich'' (lit. German Realm, German Empire, from german: Deutsches Reich, ) was the constitutional name for the German nation state that existed from 1871 to 1945. The ''Reich'' became understood as deriving its authority and sovereignty ...
, serving from 1929 to 1945. As such, he should according to the
Weimar Constitution The Constitution of the German Reich (german: Die Verfassung des Deutschen Reichs), usually known as the Weimar Constitution (''Weimarer Verfassung''), was the constitution that governed Germany during the Weimar Republic era (1919–1933). The c ...
have succeeded
Paul von Hindenburg Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg (; abbreviated ; 2 October 1847 – 2 August 1934) was a German field marshal and statesman who led the Imperial German Army during World War I and later became President of Germany fro ...
as the
President of Germany The president of Germany, officially the Federal President of the Federal Republic of Germany (german: link=no, Bundespräsident der Bundesrepublik Deutschland),The official title within Germany is ', with ' being added in international corres ...
upon the latter's death in August 1934 and thus the Head of State of
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
. The Law on the Head of State of the German Reich, passed by the Nazi-controlled Reichstag, unconstitutionally prevented that by combining the presidency with the chancellorship, making
Adolf Hitler Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
the undisputed
Führer of Germany ( ; , spelled or ''Fuhrer'' when the umlaut is not available) is a German word meaning "leader" or "guide". As a political title, it is strongly associated with the Nazi dictator Adolf Hitler. Nazi Germany cultivated the ("leader principl ...
.


Life

Born in the small town of Stolp in the Prussian Province of Pomerania (now
Słupsk Słupsk (; , ; formerly german: Stolp, ; also known by several alternative names) is a city with powiat rights located on the Słupia River in the Pomeranian Voivodeship in northern Poland, in the historical region of Pomerania or more specific ...
,
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
), he had a family that was
middle class The middle class refers to a class of people in the middle of a social hierarchy, often defined by occupation, income, education, or social status. The term has historically been associated with modernity, capitalism and political debate. Commo ...
. His father was a doctor and his mother a factory owner's daughter. His brother
Oswald Bumke Oswald Bumke (25 September 1877 – 5 January 1950) was a German psychiatrist and neurologist. Family Bumke's mother, Emma (1850 - 1914), was the daughter of a factory owner. His father, Albert Bumke (1843-1892), was a physician and assistant ...
(1877–1950) became a noted psychiatrist. After studying law in
Freiburg Freiburg im Breisgau (; abbreviated as Freiburg i. Br. or Freiburg i. B.; Low Alemannic: ''Friburg im Brisgau''), commonly referred to as Freiburg, is an independent city in Baden-Württemberg, Germany. With a population of about 230,000 (as o ...
,
Leipzig Leipzig ( , ; Upper Saxon: ) is the most populous city in the German state of Saxony. Leipzig's population of 605,407 inhabitants (1.1 million in the larger urban zone) as of 2021 places the city as Germany's eighth most populous, as wel ...
,
Munich Munich ( ; german: München ; bar, Minga ) is the capital and most populous city of the States of Germany, German state of Bavaria. With a population of 1,558,395 inhabitants as of 31 July 2020, it is the List of cities in Germany by popu ...
,
Berlin Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constitue ...
and
Greifswald Greifswald (), officially the University and Hanseatic City of Greifswald (german: Universitäts- und Hansestadt Greifswald, Low German: ''Griepswoold'') is the fourth-largest city in the German state of Mecklenburg-Western Pomerania after Rostoc ...
, Bumke began his career as a judge in
Essen Essen (; Latin: ''Assindia'') is the central and, after Dortmund, second-largest city of the Ruhr, the largest urban area in Germany. Its population of makes it the fourth-largest city of North Rhine-Westphalia after Cologne, Düsseldorf and D ...
. In 1907, he assumed an office in the
Reichsjustizamt Reichsjustizamt (English: "Office for National Justice") was the highest authority of the law in the German Empire, and was the predecessor of ''Reichsministerium der Justiz'', the Reich Ministry of Justice. Reichsjustizamt was under the jurisdic ...
, the precursor of the later
Reich Ministry of Justice ''Reich'' (; ) is a German language, German noun whose meaning is analogous to the meaning of the English word "realm"; this is not to be confused with the German adjective "reich" which means "rich". The terms ' (literally the "realm of an emp ...
. The same year, he married Eva von Merkatz (1873–1947), the aunt of the later Minister of Justice
Hans-Joachim von Merkatz Hans-Joachim von Merkatz (7 July 1905 – 25 February 1982) was a German politician. He was Federal Minister of Justice from 1956 to 1957. He was a member of the Bundestag from 1949 to 1961. He was a member of the German Party before joining the ...
. The couple had two sons, both of whom were killed in
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. Bumke himself served as an officer in
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, achieving the rank of ''
Hauptmann is a German word usually translated as captain when it is used as an officer's rank in the German, Austrian, and Swiss armies. While in contemporary German means 'main', it also has and originally had the meaning of 'head', i.e. ' literally ...
'' (Captain). After the war, Bumke joined the
German National People's Party The German National People's Party (german: Deutschnationale Volkspartei, DNVP) was a national-conservative party in Germany during the Weimar Republic. Before the rise of the Nazi Party, it was the major conservative and nationalist party in Wei ...
(DNVP). He quickly rose to the head of Department II in the newly-established Ministry of Justice, which was concerned with
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
. He prepared, among other things, the Reichstag drafts for a new ''
Strafgesetzbuch ''Strafgesetzbuch'' (), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identica ...
'' penal code in 1927, which never saw the light of day. In 1930, Bumke became president of the International Criminal Law and Prison Commission. Upon the resignation of
Walter Simons Walter Simons (24 September 1861 – 14 July 1937) was a German lawyer and politician. He was Foreign Minister of the Weimar Republic in 1920-21 and served as president of the ''Reichsgericht'' from 1922 to 1929. Early life Walter Simons was bor ...
in 1929, Bumke was appointed as head of the Reichsgericht by President
Paul von Hindenburg Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg (; abbreviated ; 2 October 1847 – 2 August 1934) was a German field marshal and statesman who led the Imperial German Army during World War I and later became President of Germany fro ...
. On 25 October 1932, the court under Bumke's leadership, declared the temporary removal of the
Prussian Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an e ...
state ministers' authority by a ''
Reichskommissar (, rendered as "Commissioner of the Empire", "Reich Commissioner" or "Imperial Commissioner"), in German history, was an official gubernatorial title used for various public offices during the period of the German Empire and Nazi Germany. Germa ...
'', enacted by emergency decree (see Preußenschlag), to be valid. According to an amendment to the
Weimar Constitution The Constitution of the German Reich (german: Die Verfassung des Deutschen Reichs), usually known as the Weimar Constitution (''Weimarer Verfassung''), was the constitution that governed Germany during the Weimar Republic era (1919–1933). The c ...
passed in December 1932, Bumke would have been the deputy of the Reichspräsident as head of state, if the latter suffered a handicap or death, but no such incapacitation on his part was ever shown to be the case and the regulation was plainly ignored when Hindenburg died two years later. As a
national conservative National conservatism is a nationalist variant of conservatism that concentrates on upholding national and cultural identity. National conservatives usually combine nationalism with conservative stances promoting traditional cultural values, fa ...
, Bumke, like Minister of Justice
Franz Gürtner Franz Gürtner (26 August 1881 – 29 January 1941) was a German Minister of Justice in the governments of Franz von Papen, Kurt von Schleicher and Adolf Hitler. Gürtner was responsible for coordinating jurisprudence in Nazi Germany and provided ...
and State Secretary
Franz Schlegelberger Louis Rudolph Franz Schlegelberger (23 October 187614 December 1970) was State Secretary in the German Reich Ministry of Justice (RMJ) who served as Justice Minister during the Third Reich. He was the highest-ranking defendant at the Judges' Tr ...
, retained his office after the
Nazi seizure of power Adolf Hitler's rise to power began in the newly established Weimar Republic in September 1919 when Hitler joined the '' Deutsche Arbeiterpartei'' (DAP; German Workers' Party). He rose to a place of prominence in the early years of the party. Be ...
in January 1933 and was made responsible for co-ordinating jurisprudence in the
Third Reich Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
. In July 1933, he became a SS Patron Member. He joined the
Nazi Party The Nazi Party, officially the National Socialist German Workers' Party (german: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP), was a far-right politics, far-right political party in Germany active between 1920 and 1945 that crea ...
in 1937 and was awarded the
Golden Party Badge __NOTOC__ The Golden Party Badge (german: Goldenes Parteiabzeichen) was an award authorised by Adolf Hitler in a decree in October 1933. It was a special award given to all Nazi Party members who had, as of 9 November 1933, registered numbers fr ...
the next year. Bumke became responsible for several unjust and racist verdicts: as presiding judge of the 3rd criminal division, he ruled under the ''
Rassenschande ''Rassenschande'' (, "racial shame") or ''Blutschande'' ( "blood disgrace") was an anti-miscegenation concept in Nazi German racial policy, pertaining to sexual relations between Aryans and non-Aryans. It was put into practice by policies like ...
'' paragraphs of the
Nuremberg Laws The Nuremberg Laws (german: link=no, Nürnberger Gesetze, ) were antisemitic and racist laws that were enacted in Nazi Germany on 15 September 1935, at a special meeting of the Reichstag convened during the annual Nuremberg Rally of th ...
. He also was involved in retroactive legalizing the "
euthanasia Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different eut ...
" murders of the ''
Aktion T4 (German, ) was a campaign of mass murder by involuntary euthanasia in Nazi Germany. The term was first used in post-war trials against doctors who had been involved in the killings. The name T4 is an abbreviation of 4, a street address of ...
'' programme in 1939–1941. His term in office was extended by the personal decree of
Adolf Hitler Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
in 1939. During the last days of World War II, on 20 April 1945 (Hitler's birthday), two days after
US Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
forces entered
Leipzig Leipzig ( , ; Upper Saxon: ) is the most populous city in the German state of Saxony. Leipzig's population of 605,407 inhabitants (1.1 million in the larger urban zone) as of 2021 places the city as Germany's eighth most populous, as wel ...
, Bumke committed suicide.


Works

* ''Hat die erfüllte Resolutivbedingung dingliche Kraft?'', Greifswald dissertation 1896 * ''Deutsches Gefängniswesen. Ein Handbuch'', Berlin 1928. * ''Gerichtsverfassungsgesetz und Strafprozeßordnung. Mit Nebengesetzen in der vom 13. Januar 1927 geltenden Fassung; Textausgabe mit einer Einführung in die Vorschriften der Novelle vom 27. Dezember 1926'', Berlin 1927. * ''Zwei Entscheidungen zu Art. 48 der Reichsverfassung'', Berlin 1932.


Further reading

*


External links

* {{DEFAULTSORT:Bumke, Erwin 1874 births 1945 suicides People from Słupsk People from the Province of Pomerania German National People's Party politicians Nazi Party politicians Förderndes Mitglied der SS Nazi Party officials Nazis who committed suicide in Germany Judges in the Nazi Party German Army personnel of World War I