Dillon V Gloss

256 U.S. 368 (1921)

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Nature of the Case

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Facts

D was in custody under § 26 of Title II of the National Prohibition Act. D claims that the Eighteenth Amendment to the Constitution, to enforce which Title II of the act was adopted, is invalid because the congressional resolution declared that it should be inoperative unless ratified within seven years; and, secondly, that, in any event, the provisions of the act which D was charged with violating, and under which he was arrested, had not gone into effect at the time of the asserted violation nor at the time of the arrest. D sought a writ of habeas corpus and it was denied. D appealed.