[Footnote 2: Id., p. 388.]

[Footnote 3: 253 U.S., p. 393.]

Perhaps a hint as to the reasons actuating the majority of the Court may
be found in the brief concurring memorandum of Mr. Justice McReynolds.
He said:[1]

I do not dissent from the disposition of these causes as
ordered by the Court, but confine my concurrence to that. It
is impossible now to say with fair certainty what construction
should be given to the Eighteenth Amendment. Because of the
bewilderment which it creates, a multitude of questions will
inevitably arise and demand solution here. In the
circumstances, I prefer to remain free to consider these
questions when they arrive.

[Footnote 1: Id., p. 392.]

Justices McKenna and Clarke dissented from portions of the decision
dealing with the question of the proper construction of the grant of
"concurrent power" to Congress and the States, and wrote opinions
setting forth the grounds of their dissent. Both Justices, however,
concurred in affirming the validity of the amendment.

Thus the legal battle was fought and lost. The amendment had withstood
attack and men's minds settled back to the practical question of its
enforcement.

Upon that question, however difficult and interesting, we do not here