s 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