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 98: Red (in Capital) moves first
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.