Foss then announced his intention to contend for the Democratic nomination for governor. The nominating convention was a contentious affair, with old-line labor Democrats opposing his nomination. Labor agitators criticized Foss for opposing bills that reduced maximum working hours, and supporting pro-business bills such as that authorizing the merger of the Boston and Maine Railroad with the New York, New Haven and Hartford Railroad. The convention deadlocked on the second ballot, between Foss and the previous year's nominee, James H. Vahey. There were fistfights on the floor, chairs were thrown, and the convention ended up appointing a committee to choose a nominee. The committee also deadlocked, this time between Foss and Charles Sumner Hamlin. At this point, Foss announced that he intended to run regardless, and essentially demanded the party ratify his nomination. It eventually was, in a mail election that he won by a single vote over Hamlin. In the general election, labor Democrats attacked Draper's anti-labor record, while Foss essentially campaigned against the pro-tariff stance of Senator Lodge. The Republicans called in Theodore Roosevelt, in an attempt to paint Draper in a more favorable light. Foss won the election by 32,000 votes, but was the only Democrat to win a high office.