"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.