38. Perpetually threatening to "check and capture" is a draw. (See examples in Diagrams 97 and 98)
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
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.