The courts will assert that the foregoing right exists without a special

statute, and it does. Still the average citizen does not think of

instituting a suit against a hotel, or swearing out a warrant against

the manager or an employee to enforce his common law right to service at

one price. If there is a specific statute against tipping there is a

more tangible inducement to stand up for one's rights and there is more

likelihood that redress will be granted. The defense of tipping on the

"personal liberty" plea, like the defense of the liquor business on the

same plea, will grow feebler and feebler until judges cease to take the

aristocratic viewpoint.

THE SOUTH CAROLINA LAW

The South Carolina law goes a step ahead of either the Iowa law or the

Wisconsin bill in the provision that the employer shall not permit the

custom of tipping, in addition to provisions prohibiting the giving or

receiving of tips by patrons or employees. The law follows:

"It shall be unlawful in this State for any hotel, restaurant,

cafe, dining car company, railroad companies, sleeping car

company or barber shop to knowingly allow any person in its

employ to receive any gratuity commonly known as a tip, from any

patron or passenger, and it shall be unlawful for any patron of

any hotel, restaurant, cafe, dining car or for any passenger on

any railroad train or sleeping car to give any employee any such

gratuity and it shall be unlawful for any employee of any hotel,

restaurant, cafe, dining car, railroad company, sleeping car

company or barber shop to receive any such gratuity.

"By 'gratuity' or 'tip' as used in this Act, is to mean any

extra compensation of any kind, which any hotel, restaurant,

cafe, dining car, railroad company, sleeping car company or

barber shop manager, officer or any agent thereof in charge of

the same, allows to be given to any employee and is not a part

of the regular charge of the hotel, restaurant, cafe, dining

car, railroad company, sleeping car company or barber shop, for

any part of service rendered, or a part of the service which by

contract it is under duty to render. No company or incorporation

shall evade this Act by adding to the regular charge, directly

or indirectly, anything intended for or to be used or to be

given away as a gratuity or tip to the employee. All charges

must be made by the company or proprietor in good faith as a

charge for the service it renders, inclusive of the service

which it furnishes through employees.

"Each hotel shall post a copy of this Act in each room and each

restaurant, cafe and barber shop shall post at least two copies

of this Act in two conspicuous places in their places of

business, and each railroad company shall post two copies of

this Act in their waiting rooms and passenger rooms at passenger

stations in cities of three thousand inhabitants or more, and

each sleeping car and dining car shall have posted therein at

least one copy of this Act.

"Any person or corporation failing to post as required shall be

fined not less than ten dollars for such failure and each day of

failure shall constitute a separate and distinct offense and any

person violating any of the other provisions of this Act shall

be subject to a fine of not less than ten dollars or more than

one hundred dollars, or be imprisoned for not exceeding thirty

days."

This South Carolina law was an evident effort to cover the custom of

tipping in a manner that would permit of no evasions. It defines a "tip"

and prohibits surreptitious gratuities and makes employer, employee and

patron equally liable to prosecution. Yet, it falls short of an ideal

law because its operations are limited to seven places frequented by the

public and does not cover private places where the itching palm

flourishes, such as apartment houses and boarding houses.

To stop tipping in hotels, restaurants, cafes, dining cars, railroad

stations and cars, sleeping cars or barber shops will be a long stride

in the right direction, but the need of stopping tipping to messenger

boys, janitors and other employees of apartment houses, maids and

waitresses in boarding houses, garbage collectors, mail carriers and

policemen among government employees, trunk transfermen, guides,

steamship employees and others too numerous to cite, is fully as urgent.

THE IDEAL LAW

The ideal act will be evolved through these repeated approximations and

through experience. In a broad outline it must include (1) a clear

definition of a tip, (2) a statement of a patron's right to service for

one payment exclusively to the proprietor, (3) a prohibition against

subterfuges in the charges whereby patrons may give tips, (4) the wages

paid by an employer to be considered as presumptive evidence of his

attitude toward tipping, (5) a requirement that employers shall give

patrons a definite understanding of the service to which they are

entitled, (6) any actual extra service to be compensated for direct to

employer after being appraised and charged for by the employer, (7) the

giving of money or gifts to employees to be taken out of the class of

"charity" and "personal liberty," (8) the employer, the employee and the

patron to be subject to the same penalty for violating the law and the

conviction of any one of the three to be followed automatically by the

conviction of the other two for the same offense, (9) the law to be

applicable to any employer and any employee in any relation with the

public or with individuals, in private home or public place, (10) a

prohibition against operating any convenience for the public in which

the rate of payment shall be left to the whim of the patron, such as

cloak rooms, the tariffs to be displayed and exacted impartially of

every patron if the employer assumes that patrons must pay extra for the

service, (11) an adequate provision for acquainting patrons with the law

through posting it or otherwise directing their attention to it, (12)

the granting of licenses to operate public service places only upon

condition that gratuities are not to be permitted, directly or

indirectly, (13) the granting to a patron who has been denied fair

service of redress in addition to the punishment of the guilty employee

and employer, (14) an adequate scale of penalties, fine or imprisonment

for any violation of any part of the law.

It is not presumed that if a law were drawn to embody the foregoing

provisions that the tipping custom would be strangled. Only actual tests

in the courts will produce the ultimate intent. Of course, if employers

and employees and patrons were actuated by a desire to maintain their

relations upon a basis of self-respect so circumstantial a law would be

unnecessary, but many of them are not thus actuated and a minute

restraint will be imperative at the outset and until a normal ideal of

democracy is cultivated.

THE NEBRASKA ACT

The bill introduced in the 1915 session of the Nebraska Legislature does

not penalize the patron for giving gratuities and seems to be aimed at

the practice of "split commissions" as well as at tipping. It has a

maximum fine of one hundred dollars, or imprisonment of sixty days and

the employers only are specified for conviction. The act follows:

"No employee or servant shall accept, obtain or agree to accept,

or attempt to obtain, from any person, for himself or for any

other person, any gift, gratuity or consideration as an

inducement to perform or as a reward for having performed any

duty or service for which such employee or servant has been

employed or is to be paid by the employer or master, firm or

corporation of such employee or servant.

"No employer or master, firm or corporation shall permit or

allow any of his or their employees or servants to solicit or to

accept any gift, gratuity or consideration as an inducement to

perform or as a reward for having performed any duty or service

for which such employee or servant has been or is to be paid by

such employer or master, firm or corporation.

"Each and every employer or master, firm or corporation who

carries on business as the keeper of a hotel, inn, restaurant,

cafe, place for the sale of alcoholic beverages, barber shop or

place for polishing boots and shoes, or who operates a railroad

dining, buffet, sleeping or parlor car, shall post up or cause

to be posted up in at least two conspicuous places in the

premises in which such business is carried on, or in such car, a

notice that tipping, or the giving of any gift or gratuity to

any servant or employee, is forbidden under penalty of fine or

imprisonment.

"No employer or master, firm or corporation shall give or agree

to give or offer to any employee or servant any gift, gratuity

or consideration as an inducement to perform or as a reward for

having performed any duty or service for which such employer or

servant has been or is to be paid by the employer, master, firm

or corporation employing such servants.

"Each and every employer, master, firm or corporation who shall

violate any of the provisions herein made shall be deemed guilty

of a misdemeanor and upon conviction shall be liable in each and

every case to a fine of not less than ten dollars nor more than

one hundred dollars, or to imprisonment in the county jail of

the proper county not less than ten nor more than sixty days, or

to both such fine and imprisonment, at the discretion of the

court."

THE TENNESSEE LAW

The Tennessee law was adopted upon the especial solicitation of the

traveling salesmen of the State. These men live constantly in touch with

the itching palm and find the tribute not only burdensome to themselves

but to their employers. The act is much like the South Carolina law, and

a notable feature is Section 6:

"That it shall be the duty of the circuit judges and the courts

of like jurisdiction to especially call the attention of the

grand jury to the provisions of this act at each term of the

court."

The foregoing provision makes it certain that, even if patrons are timid

about obeying the law and if employers and employees disregard it, the

fight against the custom will go right on, just as does the fight

against bootlegging after saloons have been banished from a city. The

Tennessee law also has a more elaborate scale of fines, as the following

section shows:

"Be it further enacted that any hotel, restaurant, cafe, barber

shop, dining car, railroad or sleeping car company, and the

manager, officer or agent of the same in charge, violating this

act or wilfully allowing the same to be violated in any way,

shall each be subject to a penalty of not less than $10 nor more

than $50 for each tip allowed to be given. If any person shall

give an employee any gratuity or tip each person shall be

subject to a fine of not more than $25 and not less than $5 for

each offense. If any of the above employees shall receive a

gratuity or tip he or she shall be subject to a fine of not more

than $25 nor less than $5 for each offense. Should any hotel,

restaurant, cafe, barber shop, dining car, railroad company or

sleeping car company fail, neglect or refuse to post notice of

this act as required herein, such hotel, restaurant, cafe,

barber shop, dining car, railroad or sleeping car company shall

be subject to a fine not to exceed $100 for each day it shall

fail."

Naturally if this law is enforced with any fidelity by the grand

juries, not to mention such actions as may be instituted by the public,

tipping in Tennessee in the specified public service place will become

extinct, or assume a guise not covered by the law. But if tipping is

restrained only in the seven places enumerated and allowed to be

practiced unrestrained everywhere else, only a limited industrial

democracy will be attained, and the part of the custom left alive will

spread by its own insidious processes to the places preempted.

THE ILLINOIS COMPROMISE

When the public conscience is fully aroused to the need of stifling this

custom, the legal mind will be able to draw up a law that will prevent

tipping anywhere and under any circumstances. The Illinois law is a

particular example of a half-way measure in that it seeks only to

prohibit the practice of leasing tipping concessions to employees.

"That it shall be unlawful for the owner, proprietor, lessee,

superintendent, manager or agent in any hotel, restaurant,

eating house, barber shop, theatre, store building, office

building, factory, railroad, street railroad, fair ground,

baseball or football ground, hall used for public meetings or

entertainments, or any other building, office, or space which is

a place of public accommodation or public resort, to rent, lease

or permit to be used any part, space or portion thereof, for any

trade, calling or occupation, or for the exercise of any

privilege by any person, company, partnership or corporation for

the purpose of accepting, demanding or receiving, directly or

indirectly, from the customers, patrons or people who frequent

such places of public accommodation or public resort, gratuities

or donations, commonly called tips, in addition to the regular,

ordinary and published rate of charge for work performed,

materials furnished or services rendered, _provided_, that

nothing in this section contained shall be construed to prohibit

any employee or servant from accepting or receiving gratuities

or donations commonly called tips, if such gratuities or

donations are not accounted for, paid over, or delivered,

directly, or indirectly, in whole or in part, to any person,

company, partnership or corporation, but are retained by such

employee or servant, as and for his absolute and individual

property.

"Any lease, contract, agreement or understanding entered into in

violation of the provisions of section 1 of this act shall be

absolutely void.

"Any person, company, partnership or corporation or any officer

or agent thereof, violating the provisions of this act shall be

deemed guilty of a misdemeanor and upon conviction shall be

fined in any sum not exceeding ten thousand dollars for each and

every offense, and, in addition thereto such person, officer or

agent, in the discretion of the court, be sentenced to the

county jail not less than three months and not more than one

year."

LEGALIZED ROBBERY

This Illinois law is an instance of an American Commonwealth

specifically and deliberately recognizing tipping as legal and right. It

turns loose the tip-pirates upon the public with full governmental

sanction, but stipulates that in their piracy they shall not organize

into a trust, as they had done in Chicago and in all large cities.

The Illinois law can be commended to the extent that it seeks to break

up the organized traffic in tips, but its recognition of tipping on an

unorganized basis is equivalent to the action of some European

governments in paying out of their treasuries tribute to the Barbary

pirates for the privilege of sailing the high seas. Thomas Jefferson's

democracy rebelled at this and he freed the whole world from the

outrageous custom.

IN MASSACHUSETTS

Massachusetts has a law to prohibit the corrupt influencing of agents,

employees or servants, but it is aimed specially at the practice of

"splitting commissions" and does not operate to restrain tipping in the

State. A salesman sometimes will offer to give a buyer a bonus or part

of his commission if an order is placed, and this practice is causing

the business world considerable thought, as employers realize that a

buyer who will accept favors from salesmen will not exercise unbiased

judgment. It is the itching palm a plane above tipping owing to the

larger amount involved, and is akin to the graft of public officials.

The law follows:

"Whoever corruptly gives, offers or promises to an agent,

employee or servant any gift or gratuity whatever, with intent

to influence his action in relation to his principal's,

employer's or master's business; or an agent, employee or

servant who corruptly requests or accepts a gift or gratuity or

a promise to make a gift or to do an act beneficial to himself

under an agreement or with an understanding that he shall act

in any particular manner in relation to his principal's,

employer's or master's business; or an agent, employee or

servant, who, being authorized to procure materials, supplies or

other articles either by purchase or contract for his principal,

employer or master, or to employ service or labor for his

principal, employer or master receives, directly or indirectly,

for himself or for another, a commission, discount or bonus from

the person who makes such sale or contract, or furnishes such

materials, supplies or other articles, or from a person who

renders such service or labor; and any person who gives or

offers such an agent, employee or servant such commission,

discount or bonus, shall be punished by a fine of not less than

ten dollars nor more than five hundred dollars, or by such fine

and by imprisonment for not more than one year."

Although the Arkansas and Mississippi laws against tipping are not

mentioned, a comprehensive idea of the extent and nature of the

opposition to the custom in the United States is presented in the review

of the bills introduced in or enacted by the Legislatures of Iowa,

Wisconsin, South Carolina, Nebraska, Tennessee, Illinois, and

Massachusetts. All the other States have no laws against tipping.

Considering the fact that no organization has been formed to agitate

for this reform, these spontaneous State efforts are significant.

XVI

SAMUEL GOMPERS ON TIPPING

Labor has the strongest interest of any element of citizens for seeing

the 5,000,000 men, women and children with itching palms elevated to a

normal plane of self-respect. For nothing in America more certainly

promotes class distinctions than tipping. It is essentially

aristocratic, and labor has attained its widest development in

democracy.

WAITERS AGAINST THE TIP CUSTOM

Occasionally waiters and some other workers in a serving capacity have

attempted to organize and place their work upon the wage-system, rather

than the combination wage-and-tip system, or the strictly tip system,

now existing. In New York in 1913 the waiters struck for higher wages

and serious riots occurred before they capitulated to the old system.

The hotels preferred the tipping system because it throws the cost of

waiter hire upon the public, whereas, an adequate wage system would

necessitate a readjustment of their business.

Even where the waiters and barbers have organized they have not always

shown aggressive efforts to abolish or regulate the tipping custom. The

barbers, for instance, are highly organized, and any real desire upon

their part to abolish the custom would be followed by immediate reform.

But it is evident that the tipping system of compensation is attractive

to many persons who serve the public because it yields more pay than a

wage system. In the higher strata of workers particularly the tips are

so large as to stupefy moral sense, and this minority dominates the

majority by setting a standard of "proper" social usage.

A LABOR LEADER ON TIPS

Mr. Samuel Gompers, president of the American Federation of Labor, has

opposed tipping as an irregular form of compensation, and in response to

an inquiry for his opinion he inclosed a letter he had written to the

manager of the Hotel Stowell, in Los Angeles, where a non-tipping rule

is enforced.

"_Hotel Stowell, Los Angeles, Calif._

"Replying to your letter of November 28th I beg to say that I

found your hotel and service eminently satisfactory and was

particularly pleased with the rule you have enforced as to no

tipping.

"While, of course, I have followed the usual custom of giving

tips, yet I have maintained the principle of tipping to be

unwise and that it tends to lessen the self-respect of a man who

accepts a tip.

"Very truly yours,

"(Signed) SAMUEL GOMPERS,

"American Federation of Labor."

This letter is interesting as revealing the attitude of many prominent

Americans, namely, that while they conform to the custom rather than be

subjected to insults, annoyance and poor service, they really consider

it inimical to self-respect.

EUROPEAN TIPS

Mr. Gompers in his letter said: "You have my permission to quote my

opinion upon this subject in any way that you may desire," and gave

permission to have reproduced here the chapter in his book, "Labor In

Europe and America," which deals with tipping in Europe, as he

encountered it in his investigations of labor conditions. The chapter is

entitled "Nuisances of European Travel" and is as follows:

"Having in previous letters given my impressions with regard to

matters of more serious import, I wish to say something about

the almost hourly sufferings of American travelers in Europe

from mosquito bites. To the sharp probes from these insects,

with the resultant pain, fever and disgust, the traveler is

obliged to submit continually--at hotels and restaurants, on the

railroad and often elsewhere--as he goes seeing the sights. To

illustrate: our party on arriving at The Hague engaged two

mosquitoes in the form of station porters to carry our

hand-baggage to the bus of the Hotel Blank, waiting at the curb

of the station exit. The station porters passed the valises over

to the hotel bus porter at a point just within the station door.

Nip! nip! by the two station porters.

NIP! NIP!

"When we arrived at the hotel door both the bus porter and the

bus driver asked me for what they regarded as their due drop of

blood. Nip! nip! Within the door of the hotel the manager

informed us that all his rooms had been engaged by telegraph,

but that he could give us good rooms at a clean hotel near by,

and we took them. Two hotel porters who had carried our bits of

hand-baggage into the hotel lobby asked me, as soon as the hotel

manager had turned his back, for their tribute. Nip! nip! Yet

another porter, after taking the things a few steps down the

street to the other hotel stood by in the hallway and waited to

give us his nip. Seven gouges of silver change out of my pocket

before we reached our rooms! But the probes of the mosquito

swarms of this hotel reached even further. The little hotel

charged us Hotel Blank rates for our rooms, about double what

would have been asked had we gone there direct and bargained for

accommodations. And the dinner at the Hotel Blank cost us half a

florin apiece more than the price set down in the guide-book. In

this incident the reader sees some, but not all, of the methods

of stinging which the hotel mosquitoes practice.

"In Berlin, just at the moment of our departure, the porter, the

gold-laced and brass-buttoned dignitary who browbeats lamblike

guests at European hotel entrances, handed us our laundry bill,

every article of which was charged double to treble New York

prices. In Vienna, tired of blood-letting to each mosquito

separately in the group of servants always assembled about the

door upon our departure--'the review' they themselves call this

evolution--I drew the manager aside and said: 'I understand

that there is a way of giving tips to all hands through the

management.' (One bleeding as it were.) 'How much extra shall I

give you?' He replied: 'Twenty per cent. of your bill.'

"BRIBE AND BE HAPPY"

The Itching Palm: A Study of the Habit of Tipping in America · 第 5 / 7 段