Selected Opinions of Luther S Dixon And Edward G Ryan Late Chief Justices of

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A building is real estate, by being attached to the soil ; but if it be taken down, the brick and wood do not still inhere in the land. The reserved power would be nu- . Gatory, if the mere use of the franchise could operate to put it beyond alteration or repeal. The position is mere petitio principii. Of the same type is the argument that ch. 273 violates the contracts of these defendants with their creditor. This position appears to us to rest in the absurdity that the mort- gagor can vest in... his mortgagee a greater estate than he had himself. Perhaps the statute may lessen the means of pay- ment of the defendants. So would a fine for homicide, under the police power of the state. But to lessen the means of payment of a contract, is not to impair the obliga- tion of the contract. These defendants took their fran- chises, and their creditors invested their money, subject to the reserved power, and suffer no legal wrong when that is exercised. It was said that ch. 273 violates the rights of property of these defendants.

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