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.