The Itching Palm: A Study of the Habit of Tipping in AmericaScott, William R. (William Rufus)
Philosophy
The Itching Palm: A Study of the Habit of Tipping in America
Scott, William R. (William Rufus)
Tipping
"Every hotel, restaurant, firm and public service corporation
engaged in the transportation of passengers or in furnishing
food or lodging or other accommodations to the public shall keep
a copy of this law posted in a conspicuous place in such hotel
and restaurant and in the dining or sleeping cars of any firm
or public service corporation mentioned in this section. Any
persons violating any of the provisions of this section shall be
guilty of a misdemeanor and upon conviction shall be fined not
less than five dollars, nor more than twenty-five dollars, or by
imprisonment in the county jail not to exceed thirty days."
The demand for this bill was so strong among the members of the
Legislature that it almost was passed over the Governor's veto. The
provision that a copy of the law must be posted in the places where the
public comes into contact with the itching palm is a most essential one.
It reassures patrons to see it and gives them a present stimulus for
standing upon their right to good service for one payment.
THE COURTS AND TIPPING
The courts, in declaring such laws unconstitutional have proceeded upon
the common law right of one citizen to give away his goods or property
in the form of money to any other citizen. A tip, the judges say,
represents a gift within the meaning of this common law right. But the
instances of such altruism are exceedingly rare.
Even the judges who so decide know that the tips they give are not bona
fide gifts out of the goodness of a generous heart. Tips are given, by
the devotees of the custom, from a sense of obligation. They pretend to
feel that the servitor actually has rendered a service for which the tip
is payment. The proof of this is found in the fact that such persons
never go about giving money gifts indiscriminately. Their gifts are
exclusively to the employees of public service enterprises, showing that
no thought of charity or generosity enters their minds.
The courts some day will come to the conclusion that a gift of money to
any serving person is a special relation that is subject to the police
power of the State. The special circumstances surrounding the gift will
be taken into consideration. Then it will be seen that the gift was made
for something the patron did not receive; for something for which he is
required to pay twice and that the motives of the gift were pride, or
fear or a sense of obligation falsely aroused.
While the courts are so scrupulous in preserving the common law right to
make gifts, they might give consideration to the equally indubitable
right of a patron to receive full value for his money, and to receive
such value for one payment.
Public-domain text, read in full here on John Shaqi.
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