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withdrawn.
III
BARBARY PIRATES
The American people became fully aroused on one occasion to the iniquity
of tipping--on an international scale.
In 1801 President Jefferson decided that the United States could
tolerate no longer the system of tribute enforced by the Barbary States
along the shores of the Mediterranean.
Before our action, no European government had made more than fitful,
ineffectual attempts to break up a practice at once humiliating to
national honor and disastrous to national commerce. Candor requires the
admission that we, too, submitted for years to this system of paying
tribute to Barbary pirates for an unmolested passage of our ships, but
the significant fact is that American manhood did finally and
successfully revolt against the practice.
By 1805 our naval forces had b
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