CHAPTER II - ON PERSONAL LIBERTY
The Itching Palm is a moral disease.
It is as old as the passion of greed in the human
mind. Milton was thinking of it when he exclaimed:
“Help us to save free
conscience from the paw,
Of hireling wolves whose
gospel is their maw.”
Although it had only a feeble lodgment
in the minds of the Puritans, because their minds
were in the travail that gave birth to democracy,
enough remained to perpetuate the disease. In
Europe, under monarchical ideals, a person could accept
a tip without feeling the acute loss of self-respect
that attends the practice in America, under democratic
ideals. For tipping is essentially an aristocratic
custom.
TIPPING UN-AMERICAN
If it seems astounding that this aristocratic
practice should reach such stupendous proportions
in a republic, we must remember that the same republic
allowed slavery to reach stupendous proportions.
IF TIPPING IS UN-AMERICAN, SOME DAY, SOMEHOW, IT WILL BE UPROOTED LIKE
AFRICAN SLAVERY
Apparently the American conscience
is dormant upon this issue. But this is more
apparent than real. The people are stirring vaguely
and uneasily over the ethics of the custom. Six
State Legislatures reflected the dawning of a new
conscience by considering in their 1915 sessions bills
relating to tipping. They were Wisconsin, Illinois,
Iowa, Nebraska, Tennessee and South Carolina.
The geographical distribution of these
States is significant. It is proof that the opposition
to the practice is not isolated, not sectional, but
national. North, Central, South, the verdict was
registered that tipping is wrong. The South, former
home of slavery, might be supposed to be favorable
to this aristocratic custom. On the contrary
the most vigorous opposition to it is found there.
Mississippi, Arkansas, Tennessee, and South Carolina
simultaneously had laws against tipping with
the usual contests in the courts on their constitutionality.
The Negro was servile by law and inheritance.
The modern tip-taker voluntarily assumes, in a republic
where he is actually and theoretically equal to all
other citizens, a servile attitude for a fee.
While the form of servitude is different, the slavery
is none the less real in the case of the tip-taker.
Strangely enough, bills to prohibit
tipping often have been vetoed by Governors notably
in Wisconsin on the ground that they curtailed
personal liberty. That is to say, a bill which
removed the chains of social slavery from the serving
classes was declared to be an abridgment of liberty!
“Oh, Liberty, how many crimes are committed in
thy name!”
The Legislature in Wisconsin almost
re-passed the bill over the Governor’s veto.
In Tennessee and Kentucky bills have been vetoed for
the same given reason, though Tennessee in 1916 finally
had such a law in force. In Illinois, the law
was framed primarily with the object of preventing
the leasing of privileges to collect tips in hotels
and other public places, and not against the individual
giver or taker of tips.
SHORT-LIVED LAWS
The courts have negatived such laws
on much the same grounds, so that anti-tipping laws
thus far have been, generally, short-lived. The
reason is, of course, that popular sentiment has not
been behind the laws in an extent sufficient to give
them power. Judges and executives simply have
yielded to their own class impulses, and the pressure
from organized interests, to suppress the legislation.
When the public conscience finds itself and becomes
organized and articulate, they will have no difficulty
in finding grounds for declaring regulatory laws constitutional.
The history of the prohibition of the liquor business
is a parallel.
PERSONAL LIBERTY
Personal liberty is a phrase that
is being redefined in America in every decade.
In its broadest sense it is interpreted to mean that
a man has the right to go to perdition if he so elects
without neighbors or the government taking note or
interfering.
Anti-liquor laws in the early days
of the temperance movement fared badly from this interpretation,
just as anti-tipping laws fare to-day. But as
public sentiment crystallized, and judges and executives
began to feel the pressure at the polls, a new conception
of personal liberty developed. In its present
accepted sense, as regards liquor, it is interpreted
to mean that no citizen may act or live in a way that
is detrimental to himself, his neighbor or his government,
and his privilege to drink liquor is abridged or abolished
at will.
The right to give tips is not inalienable.
It is not grounded on personal liberty. If the
public conscience reaches the conviction that tipping
is detrimental to democracy, that it destroys that
fineness of self-respect requisite in a republic,
the right will be abridged or withdrawn.