The Champion

August 2003 , Page 28 

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The over-criminalization of social and economic conduct

By Paul Rosenzweig

Eward Hanousek1 was employed as roadmaster by the White Pass & Yukon Railroad, whose railway runs between Skagway, Alaska, and Whitehorse, Yukon Territory, Canada. As roadmaster, Hanousek was responsible under his contract for “the safe and efficient maintenance and construction of track, structures and marine facilities of the entire railroad.” 

One of the projects under Hanousek’s supervision was a rock-quarrying project at a site alongside the railroad. The project involved blasting rock outcroppings, working the fractured rock toward railroad cars, and loading the rock onto railroad cars with a backhoe. Hanousek’s company hired Hunz & Hunz, a contracting company, to provide the equipment and labor for the project.  

At the site, a high-pressure petroleum pipeline ran parallel to the railroad within a few feet of the tracks. To protect the pipeline during the project, a work platform of sand and gravel was constructed on which the backhoe operated to load rocks over the

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