Naturally if this law is enforced with any fidelity by the grand juries, not to mention such actions as may be instituted by the public, tipping in Tennessee in the specified public service place will become extinct, or assume a guise not covered by the law. But if tipping is restrained only in the seven places enumerated and allowed to be practiced unrestrained everywhere else, only a limited industrial democracy will be attained, and the part of the custom left alive will spread by its own insidious processes to the places preëmpted.
When the public conscience is fully aroused to the need of stifling this custom, the legal mind will be able to draw up a law that will prevent tipping anywhere and under any circumstances. The Illinois law is a particular example of a half-way measure in that it seeks only to prohibit the practice of leasing tipping concessions to employees.
"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.