Monthly Archives: February 2016

Free showing of the film: Incident at Oglala


Free showing of the film: Incident at Oglala

February 26th, 2016
906 Columbia Street SE Olympia 98501 David William Building 2nd Floor
Olympia, WA 98506
Robert Redford narrates this documentary about the violent events that took place in 1975 on the Pine Ridge Reservation in South Dakota. Indian activists ended up in an extended standoff with FBI agents, and the result was several deaths, including two FBI agents whose killing was never clearly attributed to a specific gunman. Nevertheless, the government laid blame for the killing on Leonard Peltier, a Sioux political leader and activist with the American Indian Movement. Peltier has been in prison since 1977. The film details the brutal federal policies towards Indian people and the discrepancies in the government’s case against Peltier.
Other Links
Downtown Olympia mural honors Native American activist
Mural Unveiled in Honor of Leonard Peltier | Cooper Point
Chauncey Peltier – Mask Magazine
Let Leonard Peltier Paint –
‘I’m Going to See Your Cop-Killing Dad Never Sees Freedom’
FBI interferes with exhibit of work by the renowned Native
Paintings by Leonard Peltier Hosted by The Olympia Food
Who is Leonard Peltier





Mark Shark on “Make No Bones About It.” 2-28-2016 5 pm


In His Own Words

Born in St. Louis Missouri some years back, to a musical heritage, my earliest memories include watching my parents practice on the beautiful black Steinway piano in our living room.

Both my mother Mary Bray, and my father William Schatzkamer, were concert pianists who met at Julliard.

After graduating they played many concerts together, then my father spent years on the road recording for RCA, touring with Paul Robeson, then onto Professor Emeritus and Conductor of both the Washington University and the Gateway Symphonies of St. Louis.

Both high achievers, my mother graduated from Smith College, received a masters degree in Ed. Psych from Washington University and her Ed.D from U Mass in Amherst. In addition to having four children she also enjoyed educating with the Head Start program, teaching music, and writing. Mark Shark, playing guitar for John Trudell I started most of my days listening to my father practice Brahms, Scriabin,  Bach, Beethoven and ended most days singing Pete Seeger folk songs with my mother out of the Fireside Songbook as she played along.

I believe all of us, my brother Bill and sisters Laura and Nina at some point attempted to learn piano, but we were quickly intimidated by either our lack of innate ability or the fear of the bar that was set before us.

I clearly remember the first time I heard an electric guitar.  I was riding in the car with my dad when Chuck Berry came on the radio “ugh” he exclaimed “what dreck!”  and he quickly turned the radio off.

I quickly turned it back on desperate to learn more about this exciting new sound!

My father glanced suspiciously over at me, his menacingly high arched brow raised the question before he spoke “You like this noise Mark?”

“I do like it Pi, it’s great…it’s exciting!”

His large shoulders slumped heavily and I could feel the distance starting to take shape between us but neither of us said more.  He indulged my desire for the radio as we drove on.  One mans poison…

About this time my older brother Bill brought home his very own record player and broadened my musical horizons with John Lee Hooker, Muddy Waters, Sonny Terry and Brownie McGee.

He invested in an electric guitar and started teaching himself to play.  I loved watching him figure it out and wanted to play too, but he was left handed and switching the guitar around was not convenient.

I would have to get my own.

I started singing in bands around the eighth grade with my friends and after a while bought a guitar and started taking lessons with Doug Niedt.  Even then Doug was freakishly good and completely disciplined and driven to  know his instrument.  Naturally, he expected me to be as committed as well, and sadly, he was quickly disappointed.

I was interested in playing songs.  I didn’t care about knowing the intricacies of the instrument.

I did not practice scales, chords, and modes as instructed, and he immediately showed me the door.  His time was valuable and he couldn’t waste it.  (Doug was then a freshman in high school.)

I was shocked and shamed into promising him I’d go through Sal Salvador’s’ Single String Studies and Mel Bays’ chord method  books if he would give me another chance and teach me songs by the Animals and the Lovin’ Spoonful!  He agreed, and I continued to play and learn throughout  high school.

Playing the Bar Mitzvah circuit and school dances was fun and a chance to put a sound together.  I spent hours practicing scales and chord patterns and I didn’t necessarily enjoy that, however I am eternally grateful to Doug for insisting that I do it.  He was absolutely right…it has made me a better musician; thanks again Doug.

At seventeen I attended Webster College in St. Louis for two years and eventually tired of that and took a job with a show band.

I was restless, and being on the road seemed exciting.  Not to mention the money was… well, seductive.

It didn’t take too long for me to realize that although fun, and certainly exciting on some levels, playing in a show band was inevitably a dead end street.

I wanted to create on my own and knew I didn’t have the depth of knowledge I needed in order to do what I wanted to on the guitar.

I noticed that Jerry Hahn (a favorite Guitar Player magazine columnist of mine) was teaching at Wichita State University.  I called him on a whim and told him that I wanted to know how chords and scales all fit together, and that I wanted to learn how to play “outside.”

Jerry chuckled and said quietly that he could help me with all that, but first I should learn how to play “inside!”

I moved to Wichita at twenty one and began taking music theory and guitar classes with Jerry.  Learning from him was a life changing experience and I still use his book “The Complete Method for Jazz Guitar” when I teach today.  My time at Wichita State was inspirational, but brief, and after completing one year the road called again.

If my choice of music was disappointing to my parents, my decision to leave school before earning a degree was the proverbial icing on the cake.  Nevertheless, I packed up and moved out to California.  We lost my brother Bill in December of 1978 and I couldn’t spend one more cold chilling winter in St. Louis.

California was the promised land then — the place where it was all happening — and I wanted to be part of that scene.

The year was 1979 and L.A. was all I had heard it would be, both good and bad.

Fascinated by the palm trees, the girls, and the music scene I took every job I could find in every hell hole imaginable.

My playing continued to broaden as it must when you’re trying to pay the rent.  One night I’d be playing Jobim at a wedding, another night would be Kool and the Gang at the Hacienda Lounge, another found me rising from the basement of Disneyland on the Tomorrowland stage wearing an electric blue tuxedo and playing disco, another would be covering George Jones at the Stetson in Garden Grove, and yet another would be doing Lightning Hopkins at the Lighthouse in Hermosa Beach.

Some were enjoyed more than others, but all of them prepared me for life as a musician.

In the summer of 1982 fate smiled kindly when my friend Gary Ray brought guitarist Jesse Ed Davis to the Lighthouse.

Jesse was larger than life.  He had enjoyed a spectacular career playing with Conway Twitty, then through fellow OKC musician Leon Russell he moved to L.A. and never looked back.  Jesse had played with the incomparable Taj Mahal, John Lennon, Gene Clark, George Harrison, Bob Dylan, Jackson Browne, Eric Clapton, you name it — he did it. I was thrilled (to say the least), and the first song we played together was Willin’ by Lowell George.

The moment Jesse hit the first note of that beautiful song I was done.

Jesse Ed Davis

Nothing I had ever played could compare to the soulful longing he expressed, seemingly effortlessly, on his guitar.  It was pure magic.

My guitar playing ability exists in pre-Jesse and post- Jesse realism.  Everything I had done up until that point was centered on the technical and musical concepts I was attempting to master.  Jesse showed me how to channel emotion into the guitar not necessarily by playing lots of notes, or even complex chordal tonalities, but rather through the simple yet profound concept of  sustained beauty through the music.

More often than not, less was more, what he edited out of his playing was genius.  He had plenty of country, blues, and jazz chops for sure, but he also had something more.

Every note he played had meaning, and an emotional depth and soul that few musicians ever achieve.  He never played a note just to play it…he chose very wisely and because of that was able to channel the emotion of a song in an unbelievably meaningful and beautiful way.

As luck would have it I had begun to play slide guitar in G tuning by then and was hoping to meet someone who could shine a light.

Jesse was that light.

What I learned just from watching him play in E tuning those first few months at the Lighthouse was life changing.

I continued playing with Jesse till we lost him in June of 1988, and while I wish we had had more time, I am and will always remain, grateful for everything he was…and everything he inspired me to be.

…Which leads us to the wonderful world
of alternate tunings.

It’s hard to say how long it would have taken me to master some of these tunings without Jesse’s help, but suffice it to say he shortened my road quite a bit.

In those days there were few books or videos on the subject.  It wasn’t taught as part of a music program in schools, and finding a journeyman to show you the way was a long shot.

People like us just sort of “felt” our way through.

You learned what to play (or what NOT to play) by falling on your face and doing it differently next time you got the chance.  Jesse not only showed me HIS way but introduced me to many other like minded people who shared the same passions I do.

It eased my path as a guitarist who is always hoping to find the right balance between the neck, the bar, the note, the string, and the finger.

This book is my version of the light Jesse, and so many others, generously shared with me.

The Tao of Tunings focuses on an in depth analysis of seventeen of the most widely used and unusual tunings.

Tuning maps to help guide your way, along with tablature and standard music notation, cd examples, and a comprehensive view of perceiving and navigating your way around these strange new lands.

You are not alone.

Among the artists I have admired and studied most are:

  • Jesse Ed Davis
  • John Lee Hooker
  • Bonnie Raitt
  • Lowell George
  • Jackson Browne
  • David Lindley
  • Ry Cooder
  • Muddy Waters
  • Leo Kottke
  • Taj Mahal
  • Joni Mitchell
  • Michael Hedges
  • David Crosby
  • Stephen Stills
  • Neil Young
  • Martin Simpson
  • Debashish Bhattacharya
  • Robert Johnson
  • Leonard Kwan
  • Keola Beamer
  • Duane Allman
  • George Harrison
  • Eric Clapton
  • Keith Richards
  • Sonny Landreth
  • Daniel Lanois
  • Ali Akbar Khan
  • Pierre Bensusan
  • Alex de Grassi
  • Jimmy Page
  • Elizabeth Cotton
  • John Fahey
  • Robbie Basho
  • Robbie Robertson
  • Lightnin’ Hopkins
  • Bach
  • Mississippi John Hurt
  • Julian Bream
  • Roscoe Holcomb
  • Ali Farka Toure
  • James Burton
  • Elmore James

I could go on but…

This book and the information in it is the culmination of the last forty years of my life spent in every dive from here to Tucumcari, Tehachapi to Tonopah.

There have been quite a few nice surprises along the way, most of which I’ll never forget.

I‘ve had the pleasure to have played and recorded with many of my own personal heroes:

  • Jesse Ed Davis
  • Jackson Browne
  • Bonnie Raitt
  • Terry Evans
  • Crosby, Stills, and Nash
  • John Trudell
  • Taj Mahal
  • George Harrison
  • Bob Dylan
  • John Fogerty
  • Jennifer Warnes
  • Bob Weir

I am eternally grateful for each and every experience, and I hope you enjoy the journey as much as I have.

Peace and Gratitude,

Mark Shark
Los Angeles, California
November 2008

Tao of Tunings In His Own Words

Michelle Roberts on Make No Bones About It. 2-28-2016 at 4pm

Genocide: A Year In The Life of The Nooksack 306 By Nooksack Tribal Councilwoman Michelle Roberts


I am the great granddaughter of Annie George, the daughter of ancestral Nooksack Chief Matsqui George. I belong to the Nooksack Tribe, and last year I was elected to our Tribal Council by the Nooksack People.

Thursday marks the one-year anniversary of the date when disenrollment against my extended Nooksack family and I—known as the “Nooksack 306”— began. Since December 19, 2012, we have been persecuted in ways unimaginable anywhere else in America.

I live on the Nooksack Reservation, which is situated in Whatcom County, just east of Bellingham, in Northern Washington. I have 3/4 American Indian blood. I am also part Filipino-American by way of my grandfather. But because of my “Indipino” mixed blood, Nooksack Tribal Chairman Bob Kelly proclaimed in recent Secretarial election propaganda that my family and I have “weaker ties to Nooksack than the rest of us who are currently enrolled here.” (Incidentally, Bob Kelly has been adopted into our tribe; he has zero Nooksack blood.) In other words, we have been blatantly discriminated against, through tribally funded mailings and a federal taxpayer funded election. Meanwhile, federal officials, ranging from local BIA Superintendent Judy Joseph to Interior Secretary Sally Jewell and Assistant Secretary Kevin Washburn, have turned a blind eye to the illegal use of a federal election as a weapon of discrimination and genocide. That simply would not happen anywhere else but in Indian Country.

I have sued in Nooksack Tribal Court for racial discrimination under the Nooksack Constitution Equal Protection Clause and for misuse of tribal funds. But the Tribal Court Judge dismissed my claims, citing Bob Kelly and his Council faction’s ability to assert the Tribe’s sovereign immunity from any suit. That resulted from recent changes that they made to the Nooksack judicial code, to shield themselves from the very civil rights claims that they foresaw my family and I bringing against them. To date I have not been able obtain any legal recourse at all for violation of my civil rights. That simply would not happen anywhere else in America.

This summer, I was abruptly fired from my day job as the Human Resource Manager at the Nooksack River Casino, where I had worked for six years. I was fired simply because I was “an employee at will.” Twelve other members of my family have likewise lost their tribal jobs this year. In reality, I was fired by Bob Kelly and his Council faction because I have spoken out against the injustices that my family and I have suffered. I also cannot seek any legal recourse for blatant workplace retaliation. That simply would not happen anywhere else but in Indian Country.

During back-to-school season this fall, several of my nieces and nephews and other youth in our family from ages 3 to 19, were denied a $275 schools supply stipend by Bob Kelly and his Council faction—simply because they are among the 64 Nooksack children “proposed for disenrollment.” Our children were humiliated when they were denied financial aid for new backpacks and supplies, only to see all of their friends with new things for the first day of school. If that were not awful enough, this month our families’ holidays were dampened when Bob Kelly and his Council passed a Resolution that likewise denied us and our children $250 in Christmas support because we are “subject to pending disenrollment proceedings.” That simply would not happen anywhere else in America.

For the last year, I have not been notified of various Tribal Council meetings, despite my elected seat on the Council. At the meetings that Bob Kelly and his Council faction have told me about, he has ordered me to leave them due to unspecified “conflicts of interest” relating to the pending disenrollment process against me and my voting constituents. Or I have been allowed to participate by conference call, only to be muted by Bob Kelly from his off-reservation home when I spoken from my heart. That simply would not happen anywhere else but in Indian Country.

Over the last year, I have been unsuccessful in my formal pleas that Bob Kelly and Council his faction convene some form—any form—of public meeting of the Nooksack People. Still, there has not been a democratic meeting at Nooksack this entire year. That despite the clear requirements of our Constitution that the Chairman at least convene an open tribal meeting of the Nooksack People on the first Tuesday of every month. A government shutdown for an entire year – that simply would not anywhere else in America, not even Washington, DC.

On two occasions this year, nearly 200 enrolled members of my Tribe—some proposed for disenrollment, some not—have signed a petition for the recall Bob Kelly, due to his failure to honor the Nooksack Constitution or any notion of democratic government. On both occasions, he and his Council faction simply refused to allow the recall petitions to go to a vote of the Nooksack electorate. They suppressed the Nooksack People’s right to vote, twice. That simply would not happen anywhere else but in Indian Country.

Meanwhile, we possess federal probate records, expert opinions from two Ph.D. anthropologists, recorded sacred oral testimony from one of our deceased matriarchs, and even a 1996 legal opinion and enrollment record from the Tribe’s lawyer, all of which all makes clear that we are, and have always been, properly enrolled Nooksack. But we have no place to go with this proof. That is because over the course of the entire last year, Bob Kelly and his Council faction have deliberately denied my family and I—and really, our entire Nooksack Tribe—access to any political process, access to any electoral process, access to any judicial process, and access to any other forum where Indian democracy or due process might reign.

That simply would not happen anywhere else in America.
Michelle Roberts is an enrolled member of the Nooksack Tribe and an elected member of the Nooksack Tribal Council.

Max Gail Jr on Make No Bones About It. Feb 14, 2016, 5pm


Maxwell Trowbridge “Max” Gail, Jr.[1] (born April 5, 1943) is an American actor who has starred in stage, television, and film roles. He most notably portrayed the role of Detective Stan “Wojo” Wojciehowicz on the television sitcom Barney Miller.[2]

Life and career

Gail was born in Detroit, Michigan, the son of Mary Elizabeth (Scanlon) and Maxwell Trowbridge Gail, a businessman,[1] and he was raised in Grosse Ile, Michigan. He attended Williams College, and was later an instructor for the University Liggett School before becoming an actor. His acting debut came in 1970 for The Little Fox Theatre in San Francisco, California, playing Chief Bromden in the original stage production of One Flew Over the Cuckoo’s Nest. In 1973, he reprised this role in his New York stage debut.

He is best known for his television role as Det. Stan “Wojo” Wojoehowicz in the sitcom Barney Miller (1975-1982). Gail’s best known feature film role is in D.C. Cab (1983) as Harold, the owner of the D.C. Cab taxi company. He also directed several episodes of Barney Miller as Maxwell Gail.

In 1984, Gail was featured in the monodrama The Babe on Broadway. This stage play was filmed and later featured on PBS.

Gail has starred in other TV series including Whiz Kids (1983) as Llewellan Farley, Jr., an investigative reporter who is friends with a group of teenage computer hackers. He worked on the short-lived Normal Life (1990). He has appeared on the TV series Sons & Daughters (2006).

Gail has made many guest appearances on TV shows such as Cannon, Dr. Quinn, Medicine Woman, Due South, The Streets of San Francisco, Paul Sand in Friends and Lovers, The Drew Carey Show, Quantum Leap, Psych, Gary Unmarried, NCIS (Episode “Murder 2.0”), “Longmire” -Episode 40, and Mad Men.

Gail appeared as Brooklyn Dodgers manager Burt Shotton in the 2013 film 42, a film about Jackie Robinson’s first two years as a member of the Dodgers organization, including his first year of playing at the Major League level in 1947.

Gail runs Full Circle, a production company which has featured documentaries on such subjects as Agent Orange, Native Americans, and nuclear issues.

Gail’s first wife, Willie Bier, died of cancer in 1986; they have a daughter, India. He and his second wife, Nan, have two children, Maxwell and Grace. Gail has a twin sister, actress Mary Gail.

Lenny Foster on “Make No Bones About It. 2-7-2016, 4pm



In May of 1972, a group of spiritual leaders involved in the American Indian Movement (AIM) went to Minnesota’s Stillwater prison to perform a traditional Native American Pipe Ceremony. For 23-year-old Lenny Foster, one of the youngest AIM participants, this powerful experience would set the direction for his life’s work. “It had a profound impact on me,” he says. “I could see the hope on [the prisoners’] faces. I felt so good that I could pray in my native tongue. That was fate. Destiny.” Recognizing the importance of traditional Native American religious practice as a source of strength and a necessary means of cultural preservation, Lenny has spent the last 28 years fighting to ensure that incarcerated Native Americans have the right to worship with access to their traditional ceremonies.

Lenny grew up in Fort Defiance, Arizona, with his mother and his father, a Navajo code talker during World War II. Lenny attended an Indian school as a day student and lived with his grandparents on a traditional Navajo sheep camp over the summers. “This traditional upbringing serves as a foundation of who I am today,” he says. “I’ve made it my calling to go to institutions where Native Americans are incarcerated and share it with those who didn’t have the opportunity to learn the traditions and to draw strength from their spiritual heritage.”

After trying out unsuccessfully for the Los Angeles Dodgers’ farm team, Lenny went to Arizona Western Junior College and then to Colorado State University. In college, he had his first exposure to the civil rights movement. “People were talking about riots in Detroit and Malcolm X and Martin Luther King,” Lenny says, “and I was wondering—where do I fit in?” Lenny joined the American Indian Movement.

In 1970, he was involved in the occupation of Alcatraz and, in 1972, in the Trail of Broken Treaties Caravan and the Bureau of Indian Affairs take-over in Washington, D.C. He took part in the 71-day protest at Wounded Knee in 1973. In 1978, he participated in the Longest Walk, a seven-month journey from Alcatraz to Washington, D.C., to protest proposed legislation that would eliminate the federal government’s fiduciary responsibilities to American Indian nations.

In 1981, as a graduate student in public administration, Lenny volunteered in the Arizona State prisons, where he constructed the first prison sweat lodge in the Southwest. Eventually he realized that his heart lay in this work, and he left his graduate program to pursue it full time. In 1983, the Navajo Nation tribal government began to support his efforts to provide spiritual counsel to incarcerated Native Americans. Today, as the Spiritual Advisor and Director of the Navajo Nations Corrections Project, he is responsible for the traditional spiritual guidance of 1500 inmates in 89 state and federal penitentiaries. “Many prison administrators don’t want Indian people to succeed. They are threatened by the return to spiritual beliefs and want to deny Indians the right to rehabilitate themselves through spirituality,” he says. He is troubled by the high rate of suicide among Native American prisoners, especially juveniles. “We’ve been made to feel ashamed—our long hair has been cut, our sweat lodges have been bulldozed, our eagle feathers have been broken—this results in so much pain and anger.”

Lenny draws strength from the growing support of the outside world for his cause. “I was overwhelmed to hear that Petra Shattuck, a German-American from the East Coast, was working for American Indian rights. I can say this much better in Dine,” he says, “but to be, through her life, drawn into a warrior society that believes in peace and dignity—for the red nations to join in this arena and share this solidarity means a great deal to me.”

Lenny has authored and co-authored legislation protecting the rights of incarcerated Native Americans in four states in the Southwest. He has testified before the U.S. Senate Committee on Indian Affairs on several occasions. He has been a board member of the International Indian Treaty Council since 1992. In January, 1998, Lenny’s testimony on the overlooked rights of American Indian prisoners was accepted by the United Nations Human Rights Commission. Later that same month, the Association of State Correctional Administrators accepted his proposal to develop standards for American Indian religious freedom within all correctional facilities.

A member of the Grand Council of AIM since 1992, a member of the Native American Church and an active Sundancer, Lenny is active in the protest of the forced relocation of the Dine people in Big Mountain, Arizona.

Lenny Foster is concerned that today’s American Indian youth are less exposed to the traditions that gave him strength. “The responsibility we have as Indian people to teach our children and youths is great—alcoholism, drugs, broken homes are everywhere—you don’t have the role models my generation had.” By offering those most in need of support the kind of spiritual guidance he had as a boy, Lenny Foster shoulders his responsibility to pass on tradition and, in so doing, to pass on strength.

Joanne Shenandoah is an amazing human being. Please help support her and her beautiful family. Thank you so much my relatives!

Joanne Shenandoah is an amazing human being. Please help support her and her beautiful family. Thank you so much my relatives!
Joanne Shenandoah is a wolf clan member of the Oneida Nation, Haudenosaunee (Six Nations Iroquois) Confederacy. She is the mother of Leah Shenandoah, the wife of Doug George-Kanentiio, the sister of five siblings and the daughter of the late Maisie Shenandoah, Oneida clanmother, and Clifford Shenandoah, an Onondaga chief. She is a composer and performer, Native American Music Award winner, the co-chair of the US Attorney General’s Task Force on Preventing Child Abuse on Indian Territory, has acted in films, written music for documentaries, sang at seven Native American US Presidential inagurations, recorded 17 award winning albums, donated thousands of hours to communities and those in need and taken an active part in combating human rights abuses while becoming an advocate for universal peace.
She has represented her people on many commissions and before many forums. She sang at the Vatican to honor St. Kateri of the Mohawks and for his Holiness the Dalai Lama. She was awarded an honorary Ph.D. in music from Syracuse University. She has performed at the Parliament of the World’s Religions; whenever asked to use her talents she has responded.
Joanne contacted a serious abdominal infection this past summer which spread to her liver and resulted in its gradual failure. She has endured 4 long hospital stays and was in an induced coma for two weeks. As a result of the infection her liver is failing and she has been placed on the New York State liver transplant list. She is now subject to infections and pnuemonia while waiting a transplant. The waiting time for a transplant in New York may take a year or more leaving Joanne subject to repeated cycles of illness. The Mayo Clinic in Jacksonville, Florida does transplants at a much higher rate than in New York and is willing to take Joanne, meaning the operation and healing period is greatly reduced and she may return to good health. The Clinic requires the total payment to be made at the time of her acceptance into their program and the cost is comparable with other transplant centers.
The key is how soon this can be done. The longer Joanne waits the greater the stress on her physical health. She needs to undergo this procedure as soon as possible. The cost for the transplant, prolonged two month stay and all associated procedures is $450,000.00 which goes directly to the Mayo Clinic. Joanne’s family and friends are trying to reach this amount through insurance policies, catastrophic resources provided by the Indian Health Service and donations.
Joanne has been a beacon of light and inspiration for Native people everywhere. Her diginity and creativity has inspired and affected e she has met. She has been particulary sensitive to children and women of all backgrounds. A transplant means she can return to performing, to sharing her music and culture around the world. It means she can live. Her family is initiating this effort on behalf of one of North America’s most wonderful talents. Their gratitude, and that of Native people everywhere, will be immense. We cannot allow this light to be diminished. …”