In the celebrated Dartmouth College case, it was finally determined that a State legislature may not modify the terms of a contract. See Life of John Marshall, by Magruder, "American Statesmen," new ed., 188-190.

[39]

See Appendix A.

[40]

It has sometimes happened, however, when the election in a State has been close, that one or more of the electors on a minority ticket have run ahead of the other candidates on that ticket, and have secured a larger number of votes than candidates on the majority ticket, thus obtaining an election. California, in 1892, gave one electoral vote to Mr. Harrison and eight to Mr. Cleveland, and again, in 1896, gave eight votes to Mr. McKinley and one to Mr. Bryan. Kentucky, in 1896, cast twelve votes for Mr. McKinley and one for Mr. Bryan.

[41]

What constitutes disability has not been settled. President Garfield performed only the single executive act of signing an extradition paper from July 2 to September 19, 1881. The fact of his inability to discharge the duties of President was not formally established. Nor was there declared disability in the case of President McKinley, between September 6 and the day of his death, September 14, 1901.