38. Perpetually threatening to "check and capture" is a draw.
(See examples in Diagrams 97 and 98)
 Diagram 97: Red (in Capital) moves first
Diagram 97: Red (in Capital) moves first
C9-1 k6-1
C9+1 k6+1
C9-1 k6-1
C9+1 ....
.
.
.
 Diagram 98: Red (in Capital) moves first
Diagram 98: Red (in Capital) moves first
R12  c98
r23  c87
R31  c79
R12  c98
R21  ....
Explanation:
In Diagrams 97 and 98 Red keeps threatening to "check and capture"
which does not violate the rule.  If both sides continue, the game
is a draw.