The daily banner. (Cambridge, Md.) 1897-2008, 1917-08-08
TIPS ARE WAGES,
HIGH COURT DEGREES
Not Voluntary GrafuitieS But Practi-
caily Forced From Public by Their
RecipitnI s-rip. or Bad Service.

A tribunal no less than the Appel
late Division OF the Supreme Court OF
this State has not only recognized
the system of tipping as part of SO
cial economics, but has given to the
tip a new legal status aS wages.
The case was an appeal under the
workmen'S compensation law. a
taxicab driver who was killed on du-
ty had salary of $l2 a week, but
the State Industrial Commission
made an award to his dependents on
a basis of earnings of $11.l0 week,
the evidence having indicated that
the mans tips averaged $50
week In upholding the award the
Court said
Many times Il guest at a hotel. d
passenger upon a sleeper or person
receiving service from the employe
of another. is glad to recompense
pleasing manner or an extra service
by a reasonable tip; but according to
the present custom tips are not us
ually the voluntary act of the person
who gives them. The employe, with
the knowledge and consent of the
employer. furnish service which
compelS the payment of a tip. and if
the tip is not paid the service is so
grudgingly and unsatisfactory Civ
en- that the person served is willing
to pay it the next time. The person
rendering the service considers that
the tip is his as matter of right, and
involves no particular favor; an en-
ira large tip may be appreciated. but
the ordinary tip is considered IA pay
ment of money actually due
This is d plain statement of the
general public's acceptance of the tip
ping system. In certain lines the re-
cipient has come to take the tip
without even humble of thanks.
When the last of the polite tip takers
disappears there may be a revOlu
ton. but the remaining yeast of
gratitude-or common politness-
among the old timers leavens the
loaf. If they believe that the tip is
their due-and they certainly expect
it-they pleasantly dissemble. AS
the opinion says:
1T is realized both by the person
paying and receiving them (the tips)
that it is d part payment of the wa
ges which the employer compels the
person served TO pay"
The Court mentions as examples
the sleeping car porter. the waiter
and the attendant at the hat stand
PorterS and walters, who perform
d certain amount of work for the Civ
ers of tips. may blush to see them
selves coupled with the minions of
those meaneSt of unindictable crimi-
mails, the hat check padrones who are
licensed by hotels and restaurants TO
gonge patrons This form of eXtor-
tion cannot come under the Courts
definition of tip as "a payment
made in order to get reasonable ser
VICE" for hat boys only service is
double portion of annoyance.
The Courts coupling of wages and
tips is emphatic:
The custom and the manner in
-9 payment of lips is enfoTe
G md practised leads inevitably to
tn conclusion that in substance the
tips received are a part of the wages
of lthe employe, and are advantages
received by the employe from the
employer as part recompense for
services rendered"
So the real beneficiary OF the tip
ping system. the employer. has
painful, as well as a pleasant. inter
est in the size of his mems tips. Are
hat boys compensate workmen, and
what would be the cost to the pad
rome If one died the death in the at
tempted discharge of his duty?-N.
Y. Sun.