In the case of United States and the Sioux Nation v. Northwestern Express Stage and Transportation Company in 1896, the Supreme Court was tasked with determining whether or not a transportation company could be held liable for damages caused by its employees to Native American property while on duty. The incident involved an employee of Northwestern Express who had set fire to grasslands owned by the Sioux Nation, causing significant damage. The court ruled in favor of the U.S government and Sioux Nation, holding that employers are responsible for their employees' actions during work hours even if those actions were not explicitly authorized by management. This decision established important legal precedent regarding employer liability for employee misconduct.

The dissenting opinion in the case between the United States and Sioux Nation versus Northwestern Express Stage and Transportation Company argued that the government had not acted fairly or justly towards the Sioux Nation. The justices believed that while it was true that Congress had power over Indian affairs, this did not mean they could act without regard for treaties made with Native American tribes. They felt strongly that these agreements should be honored as solemn obligations of good faith, rather than being disregarded when convenient. In their view, a treaty is a contract between two sovereign nations and must be respected as such by both parties involved. Therefore, any unilateral changes to these contracts by one party (in this case, Congress) were seen as unjustifiable breaches of trust which undermined basic principles of justice and fairness. This perspective held even if there were practical reasons for altering or ignoring certain terms within those treaties.