Coleman v. Kansas City

On Appellant’s Motion for Rehearing or to Transfer to Court en Banc.

In appellant’s motion for rehearing or to transfer to Court en Banc, it is stated that our opinion overlooked the case of State ex rel. Tolerton v. Gordon, 236 Mo. 142, 139 S. W. (2d) 403. We did not overlook that case, nor do we consider it in conflict with our opinion.

In that case, the Legislature of this State made an appropriation for the Game and Fish Department with a proviso that none of the money therein appropriated should be paid out so long as the then Game and Fish Commissioner remained in office. Tolerton was the…