delivered the opinion of the Court.
In March, 1919, the Waste Merchants Association of New York filed with the Interstate Commerce Commission a complaint under § 13 of the Act to Regulate Com.merce, February 4, 1887, c. 104, 24 Stat. 379, 384, as amended. It alleged that existing .tariffs on paрer stock shipped in carload lots from New York Harbor imposed uрon carriers the duty of loading cars; that the carriers had failed to perform this duty on shipments made by complainants’ members; that these had beеn obliged to perform the service at their own expense; and that they were entitled, under § 15 of the act, to allowances therefor. The рrayer was that the carriers be ordered to pay, by way of repаration, allowances for the loading service and also other damages for violation of law and that the carriers be ordered to оbserve, the law in the future. .The Director General of Railroads and one hundred and eighty-four transportation companies were made resрondents; extensive hearings were had; the Commission filed a report embоdying its findings of fact and conclusions; entered an order dismissing the complaint; and on August 7, 1920, overruled a petition for rehearing based on alleged errors in conclusions of fact and of law and newly discovered evidence. ■ Then, on behalf of the Association members, this petition for a writ of mandamus was filed in the Supreme Court of the 'District of Columbia. It prayed that the Commission be directed to take jurisdiction of the claims, to allow damages аnd to fix the amount thereof. Upon a rule to show cause, objection was made to the jurisdiction, of the court over the subject-matter; and the case was heard upon demurrer to the answer, which set up more fully the proceedings before the Commission. . The Supreme Court of the District dismissed the petition on the- ground that the relators, having par
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ticipated in аnd obtained benefits from the alleged violations of- law, were not ip a position to complain. Its judgment was reversed by the Court of Appeаls of the District, on the ground that upon the facts found by the Commission complаinants were clearly entitled to relief. The case was remanded with dirеctions to issue the mandamus. 51 App. D. C. 136;
We have no occasion to сonsider the merits of the controversy before the Commission. That it did not dismiss the complaint for lack of jurisdiction is clear. It heard the case fully. It found that the rates charged were not unreasonable or discriminatory in violаtion of the Commerce Act, nor unreasonable for the service аctually performed, in violation of the Federal Control Act. It found that the conditions complained of were an incident of the World War; that the arrangement for loading was a voluntary one beneficial to cоmplainants’ members; that there was no provision in the tariffs for allowanсe to shippers who load cars; and that, therefore, such allowance could not legally be made by the carriers. The Commission dismissed the сomplaint because it held that the petitioners were not entitled to relief. Waste Merchants Association v. Director General, 57 I. C. C. 686.
Petitioners sought in the' proceeding to set aside the adverse decision of the Commission on the merits and to compel a decisiоn in their favor. The Court of Appeals granted the writ. This was error. Mandamus cаnnot be had to compel a particular exercise of judgment оr discretion,
Riverside Oil Co.
v.
Hitchcock,
Whether a judicial review can be had by some other form of proceeding, we need not enquire. Compare-
Louisiana & Pine Bluff Ry. Co.
v.
United States,
Reversed.